MOSQUE Vs. GRUDUDWARA PRABANDHAK COMMITTEE AND OTHERS

JUDGEMENT

(1.) Plaintiff-petitioner is in revision petition against the order rejecting the plaint under Order 7, Rule 11, CPC.

(2.) It is not disputed that in the earlier litigation, defendant No. 1 was declared owner of the property vide Civil Court judgment and decree dated 01.12.1975 and it was declared that the property is not a wakf property.

(3.) Now plaintiff has filed a fresh suit seeking declaration with regard to the same property and it has been asserted that the judgment and decree dated 01.12.1975 has become infructuous and ineffective due to acts and conducts of defendant No. 1.