GHANSHYAM Vs. VIKRAM

JUDGEMENT

(1.) In this revision petition filed under Art. 227 of the Constitution of India, the challenge is to order dated 1-12-2005 passed by Civil Judge (Junior Division), Faridabad whereby the prayer made by the plaintiff-petitioner for placing on record the replication to the written statement has been declined.

(2.) The plaintiff-petitioner filed a suit for declaration and permanent injunction with the averment that the plaintiff is owner in possession of agricultural land measuring 8 kanals 18 marlas situated in the revenue estate of village Bhopani, Tehsil and District Faridabad in addition to other agricultural land on the basis of Judgment and decree dated 28-1-1988 passed in civil suit No. 49 of 1988 titled as "Ghanshyam v. Smt. Shanti Devi and others".

(3.) The defendant-respondents filed written statement on 25-5-2005 wherein they had taken plea regarding the genesis of the suit land along with other land inherited by the parties from the forefather. The plaintiff-petitioner filed an application claiming that this has necessitated filing of replication by the plaintiff-petitioner and in case the same is not allowed it shall result in miscarriage of justice.