RANI Vs. MANOJ

JUDGEMENT

(1.) CM No. 12488-CII-2019 1. Judgment had been reserved in the accompanying petition on 5/4/2019 and the matter had been put up for re-hearing, for the reasons recorded in the order dtd. 17/5/2019, to the effect that during the course of dictation of the judgment, it was seen that though in the petition it was stated that two separate suits had earlier been filed by the petitioners against the respondents/the first respondent, the judgment and decree in only one of those cases (filed by petitioner no. 2), has been annexed with the petition, a copy of that judgment being Annexure P-4 and the copy of the decree issued being Annexure P-5.

(2.) A reply was filed to that application by the respondent-plaintiffs, stating that the judgment and decree passed by the Civil Judge (Junior Division) in the previous lis, was one in which that civil suit was not actually maintainable, despite which the decree had been passed, without affording a proper opportunity to the plaintiffs to prove their title.

(3.) It was next contended in the reply of the plaintiffs that though the court of the Civil Judge as had decided the previous lis was not a subordinate court to the one in which a fresh suit had been filed, however, an appeal was not maintainable against the judgment and decree passed by the 'previous court' on 3/10/2017, and one of the applicants (in the application under Order 7 Rule 11), despite being a legal heir of Nanak Chand, she not having been impleaded as a party to the earlier suit, exercise of her legal right now could not be opposed.