MUKHTIAR SINGH Vs. NIRMAL SINGH AND ANROTHER

JUDGEMENT

(1.) This revision petition has been preferred by the petitioners against the order dtd. 20/9/2018 passed by Additional District Judge, Ludhiana vide which the application filed by the petitioner(s) under Order 23 Rule 1 read with Sec. 151 CPC was dismissed.

(2.) Plaintiff Mukhtiar Singh filed a suit for declaration to the effect that he is exclusive owner in possession of suit land and sale deed dtd. 15/1/1969 in favour of father of the defendant was the result of fraud and misrepresentation. Earlier suit filed on the same cause of action was dismissed in default under Order 9 Rule 4 CPC vide order dtd. 9/4/2008. The factum of dismissal of earlier suit was not disclosed. In the present suit, following recital was made in para No.13 of the plaint:-

(3.) Defendant/respondent No.1 filed written statement on 8/6/2010 and took preliminary objection with regard to dismissal of earlier suit on 9/4/2008. Despite the objections raised by the defendant in the written statement, plaintiff did not take any remedial step and kept on pursuing the litigation.