HARMEHTAB SINGH RAREWALA Vs. JAGTESHWAR PRIT SINGH RAREWALA

JUDGEMENT

(1.) This judgment shall dispose of C.R. No. 209 of 2007 and CMPMO No. 703 of 2009, both having arisen from Civil Suit No. 7/1 of 2007 pending in the Court of learned Civil Judge, (Senior Division), Kasauli, District Solan. C.R. No. 209 of 2007 has been filed against order dated 15.9.2007 in CMP No. 16 of 2007 whereby learned Civil Judge has rejected the application of petitioner under Order 23 Rule 1 read with Section 151 Code of Civil Procedure to withdraw the suit with liberty to file fresh suit on the same cause of action. CMPMO No. 703 of 2009 has been filed against the order dated 22.12.2009 passed in CMA No. 245/6 of 2009 whereby learned Civil Judge has dismissed the application of petitioner for amendment of plaint under Order 6 Rule 17 read with Section 151 Code of Civil Procedure.

(2.) The facts in brief are that petitioner has filed a suit on the grounds that Dileshwar Prit Singh Rarewala had informed the petitioner that he had transferred all his movable and immovable properties in favour of the petitioner by way of a Will. The petitioner during the life time of Dileshwar Prit Singh Rarewala was living with him and after his death petitioner is in possession of immovable property situate at Jagjit Nagar, Tehsil Kasauli, District Solan and other properties. It has been alleged that after the death of Dileshwar Prit Singh Rarewala, the respondent No. 3 in connivance with respondents No. 1 and 2 had put locks on Kothi/building situate at Jagjit Nagar. There are other valuable documents left by Dileshwar Prit Singh Rarewala in the said Kothi. The petitioner has prayed for permanent prohibitory injunction against respondents restraining them from entering in the said Kothi/house with further direction not to interfere in the said Kothi/house, remove any items from there, cause any type of damage to any items, documents, papers including Will etc. lying in the Kothi/house situate at village Jagjit Nagar, Tehsil Kasauli, Distt. Solan. The injunction has also been prayed against respondents from operating or getting the locker of the State Bank of Patiala, Kasauli opened which is standing in the name of deceased Dileshwar Prit Singh Rarewala and not to do any wrong, illegal Act prejudicial to the right, title interest of the petitioner over the properties left by deceased Dileshwar Prit Singh Rarewala.

(3.) The suit was contested by respondents No. 1 and 2 by filing written statement. They have denied the stand of the petitioner. They have pleaded that after the death of Dileshwar Prit Singh Rarewala who has left no wife or children they have become owners of the suit properties as per Hindu Succession Act. The respondents No. 1 and 2 being only surviving brothers have succeeded to the movable and immovable estate left behind by Dileshwar Prit Singh Rarewala. The respondents No. 1 and 2 have filed counter-claim against petitioner and respondent No. 3 restraining them from interfering in the suit properties including Kothi/house belonging to deceased Dileshwar Prit Singh Rarewala in village Jagjit Nagar and claiming any right over movable and immovable properties of the deceased Dileshwar Prit Singh Rarewala including bank account number standing in the name of deceased.