JAIBIR Vs. KULDEEP AND ANOTHER

JUDGEMENT

(1.) This order of mine shall dispose of four aforementionedcivil revision petitions as dispute has arisen out of one suit, whereby, various applications filed by the petitioner-plaintiff, during the pendency of the suit, have been dismissed. Civil Revision No.4398 of 2013 has arisen out of impugned order dated 03.07.2013 (Annexure P-8), whereby, the application moved at the behest of the plaintiff, under Order 11 Rule 14 CPC, for production the documents, which were stated to be in possession of defendant No.2-Ashok Kumar Sharma has been dismissed. Civil Revision No.3254 of 2014 has arisen out of the impugned order dated 30.04.2014 (Annexure P-10), whereby, the application moved by the petitioner-plaintiff for producing the original Will, General Power of Attorney and other two documents and otherwise permission to lead secondary evidence, has been dismissed.

(2.) Other two revision petitions, bearing Nos. 1963 of 2013 and 3270 of 2014 have arisen out of the impugned order, whereby, the application filed by the plaintiff for obtaining the specimen thumb impression and signature of the defendant-Kuldeep Singh has been directed to give specimen signature and thumb impression by appearing in person in the Court has been dismissed and in another Civil Revision No.3270 of 2014, whereby, the application filed under Order 10 Rule 2 read with Section 151 CPC for seeking indulgence of this Court calling upon Kuldeep Singh-defendant No.1 to appear and suffer a statement by answering the question raised in the application dated 13.03.2013, has been dismissed vide order dated 30.04.2014.

(3.) Mr. Lokesh Sinhal, learned counsel appearing on behalf of the petitioner-plaintiff submits that this case has a checkered history. The petitioner-plaintiff filed a civil suit on 09.10.2007 seeking specific performance of the agreement to sell dated 07.11.2003. After framing issues, application at the instance of the Kuldeep Singh for seeking amendment of the written statement to plead that sale deed dated 01.06.1999 by virtue of which he had become owner of the suit land had been set aside, in a suit filed by Ashok Kumar Sharma, which was decreed, vide judgment and decree dated 13.08.2007, thereafter, in pursuance to the aforementioned judgment and decree, the sale deed in favour of Ashok Kumar Sharma has been executed and thus, Kuldeep Singh was no longer owner of the property. Simultaneously, Ashok Kumar Sharma also moved an application dated 27.10.2010, under Order 1 Rule 10 CPC, for impleading him, as a party to the suit, on the ground that he has become owner of the suit land by virtue of the sale deed executed in pursuance to the aforementioned judgment and decree.