LABHJIT SINGH Vs. MALKIT KAUR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India challenges the order dtd. 2/12/2025 passed by the learned Civil Judge (Junior Division), Zira, District Ferozepur (for brevity 'Civil Judge'), vide which an application filed by the petitioner/defendant No.4 (for brevity 'Defendant No.4') under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for brevity '1908 Code'), was dismissed.

(2.) Defendant No.4 alleges in the petition that the respondent/plaintiff (for brevity 'plaintiff') filed a civil suit Annexure P-1 before the concerned Civil Court with the following prayer:-

(3.) He also alleges that the plaintiff had exchanged the land involved in the said suit with one Balbir Singh S/o Finno who was owner of the land measuring 35 kanals 09 marlas situated in above mentioned village and therefore, she became owner thereof by way of exchange. Defendant No.4 filed four applications for partition of land measuring 70 marlas 09 marlas of which the said 33 kanals 02 marlas is a part, before the Revenue Court at Zira. In the said partition application/s, the plaintiff did not appear despite service through munadi and was proceeded exparte. She filed an application for setting aside the said exparte order but it was dismissed. She was, however, allowed to join the proceedings at that stage, through an order dtd. 29/10/2009. She filed an appeal against the said order which was dismissed by the Collector concerned on 4/2/2010. A revision petition filed against the said dismissal was dismissed by the Commissioner of Ferozepur Division vide order dtd. 22/10/2011. The plaintiff filed a revision petition there against before the Financial Commissioner, Punjab which was dismissed on 10/12/2021. In the said revision petition, the plaintiff alleged that she is owner of land measuring 33 kanals and 02 marlas and has been given less land. Still feeling aggrieved, she filed CWP No.17563 of 2022 before this Court which was dismissed as withdrawn through an order dtd. 18/1/2023 with a liberty mentioned in the said order. On notice, the defendant No.4 appeared in the said suit and filed his written statement denying the allegations leveled in it. He accordingly, prayed for dismissal of the suit. During pendency of the suit, the defendant No.4 filed an application dtd. 9/7/2025 for rejection of the plaint. The prime ground taken in the application was a bar contained in Sec. 158 of the Punjab Land Revenue Act, 1887 (for brevity '1887 Act'). The plaintiff filed reply dtd. 29/7/2025 to the said application. Through the impugned order dtd. 2/12/2025, the learned Civil Judge has dismissed the said application.