SARWAN SINGH Vs. ONKAR SINGH

JUDGEMENT

(1.) C .M. No. 7913-CII of 2009 In this revision, petition filed under Article 227 of the Constitution of India, the petitioner-defendant No.2 has prayed for setting aside the order dated 12.2.2009 (Annexure P-1) passed by the learned Civil Judge (Senior Division), Jalandhar whereby his defence was struck off on the ground that he had failed to make the statement under Order 10 Rule 1 of the Code of Civil Procedure (for short "the Code").

(2.) THE facts in brief, necessary for the disposal of the present revision petition are that the plaintiffs-respondents No. 1 and 2 filed a suit against petitioner-defendant No.2 and proforma respondents No. 3 to 6 seeking declaration that they were the owners in possession of the land measuring 1 Kanal-2 Marlas out of the total land measuring 51 Kanals-3 Marlas, as per jamabandi for the year 2002-03 of village Nagra, H.B. No. 158, Tehsil and District Jalandhar, fully detailed in the head note of the plaint. The plaintiffs had also prayed for consequential relief of permanent injunction restraining defendants No. 1 to 3 from interfering in their peaceful possession of the suit property and restraining defendant No.1 from alienating, mortgaging, exchanging, leasing, creating any charge disposing of the same in any manner or in the alternative they had prayed for possession of the suit property as owner, on the basis of registered sale deed dated 28.8.1995.

(3.) I have heard learned counsel for the parties and have perused the file.