AMAR SINGH Vs. VISHAL KUMAR

JUDGEMENT

(1.) Instant Civil Revision Petition under Section 115 of the Code of Civil Procedure has been filed against the order dated 3.9.2019 passed by learned Senior Civil Judge, Nadaun, District Hamirpur, Himachal Pradesh in CMA No.50 of 2017 in Civil Suit No.301 of 2016, whereby application under Order 7 Rule 11(A) read with Section 151 CPC, having been filed by the petitionersdefendants ( hereinafter referred to as the defendants ), praying therein for rejection of the plaint, having been filed by the respondent-plaintiff ( hereinafter referred to as the plaintiff ), came to be dismissed.

(2.) Since despite service, respondent-plaintiff failed to put in appearance either in person or through counsel, therefore, he was ordered to be proceeded against ex-parte on 25.8.2020.

(3.) For having bird's eye view, certain undisputed facts as emerge from the record are that the plaintiff filed a Civil Suit for permanent prohibitory injunction restraining the defendants, their family members, agents and servants from raising any kind of construction, cutting trees and changing nature of land compromised in Khata No.23min, Khatauni No.33-37, Khasra No.97098, Kita 2, area measuring 00-4-20 hectares as per jamabandi for the year 2010-2011, situate at Mahal Ambi, Mauza Bhumpal, Tehsil Nadaun, District Hamirpur, Himachal Pradesh till the partition of the land as per law. Besides above, plaintiff also prayed that in case the defendants succeed in raising any sort of construction over the suit land during the pendency of the suit then decree for joint possession by way of demolition by mandatory injunction directing the defendants to restore the suit land to its original position may also be passed.