OM PARKASH Vs. JANAKI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 1.2.1992 passed by the learned District Judge, Bhiwani dismissing an appeal filed by the petitioners against the judgment and decree dated 5.8.1991 passed by learned Sub Judge First Class, Bhiwani as not maintainable.

(2.) THE plaintiff/respondent filed a suit for permanent injunction claiming herself to be the owner in possession of Plot No. B-10 measuring 160 sq. yards. The case set up by the plaintiff was that she had purchased the said plot from Nahar son of Maman Singh vide registered sale deed dated 10.7.1997 for a consideration of Rs. 5000/- and that the petitioners have no right, title or interest in the said plot. It was further claimed that they are interfering in the possession of the plaintiff and thus, suit for permanent injunction was filed.

(3.) THE petitioners preferred an appeal against the judgment of the learned trial court in which preliminary objection was taken by the respondent/plaintiff that the appeal was not competent as the judgment passed under Order 8 Rule 10 of the Code was earlier appealable under Order 43 Rule 1 (b) of the Code but the same stands omitted by amendment of the Code of Civil Procedure and thus, the appeal was not competent.