TARSEM Vs. MOHINDER

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 18.4.1987 passed by the Learned Sub Judge 1st Class Nakodar, whereby he has allowed an application of the defendant respondent of his written statement subject to payment of Rs. 200/ - as costs. The plaintiff -petitioner is aggrieved against this order.

(2.) BY way of amendment the respondent has been allowed to take two preliminary objections - firstly, that the suit is for part performance of the contract. The Learned trial court found on reference to the averments and the documents on the record that this preliminary objection prima facie has substance because while the house in dispute is of 7 Marias of land, specific performance is sought with regard to a house on 4 Marias 3 Sarsais of land. Secondly, the respondent has been allowed to take the plea that he is simply the owner of 1/5th share of the total property and as such the remaining owners having not been joined the suit is bad for non -joinder of parties. The other owners, according to him, are Seebo, Kayo, Santi and Phino his sisters.

(3.) CONSEQUENTLY , this revision petition is dismissed. The parties are however, left to bear their own costs.