DIWAN SINGH KHAIRA Vs. SARWAN SINGH

JUDGEMENT

(1.) Petitioner has challenged the order dated 07.08.2018 passed by the Civil Judge (Jr. Divn.) Nakodar, vide which the application filed by the plaintiff/petitioner under Order 6 Rule 17 CPC for rejection of the plaint was dismissed.

(2.) Vide the civil court decree dated 25.03.1995, 13 Kanals 10 Marias of land along with other properties in different chunks came to the share of the plaintiff. At the time of filing of the present suit, the site plan adduced in the said suit has been attached as Annexure P-3. Somehow at the time of filing of the suit, the description of the land arising out of decree dated 25.03.1995 could not be mentioned and the plaintiff relied upon a site plan which has been attached as Annexure P-4.

(3.) In the written statement filed by the defendant, the site plan has been objected on the ground that the plaintiff has not come to the Court with clean hands and a wrong site plan has been attached without mentioning the measurements of the sides. The defendant has also given dimensions of the property according to his version.