BALWINDER SINGH Vs. TEHAL SINGH AND OTHERS

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India for quashing order dated 19.5.2014 [Annexure P/4] passed by Civil Judge [Junior Division], Amritsar whereby the Court below allowed the application [Annexure P/2] filed by the respondent for rejection of plaint.

(2.) Learned counsel for the petitioner submitted that the Court below completely ignored the fact that the main civil suit filed by the present petitioner was for seeking decree of declaration to the effect that the petitioner was a co-owner in possession of the suit land and the General Power of Attorney dated 20.06.2003 registered in the office of Sub Registrar, Amritsar was never executed or got registered by the plaintiffs in favour of defendants No.1 to 3 and the same is forged and fabricated document.

(3.) Learned counsel for the petitioner further submitted that the present petitioner had not claimed the relief of possession, rather a decree for declaration alone was sought and for that purpose, the required court fee was affixed. The Court below completely ignored this fact while passing the order under challenge and same is liable to be set-aside.