HARTINDER PAL SINGH Vs. RANDHIR SINGH AND OTHERS

JUDGEMENT

(1.) The challenge in the present petition is to the order passed by the learned trial Court on 12.08.2005 whereby Issue No.4 - whether the suit is not maintainable in the present form ? OPD - was treated as a preliminary issue.

(2.) The petitioner has filed a suit for declaration to the effect that decree dated 10.12.1996, passed in Civil Suit No. 227 of 21.5.1988 titled Sampuran Singh etc versus Ranjit Singh etc and affirmed by this Court while dismissing second appeal on 17.01.2000, is illegal, null and void having no effect on the rights of the plaintiff.

(3.) The petitioner is none else but son of defendant Ranjit Singh in the previous suit and was a party in the previous suit, though as minor. Having remained unsuccessful in the previous proceedings, the petitioner has filed the present suit.