LAWS(HPH)-2013-4-1

KHAWAJA KHALLILULLAH Vs. SHAMEM BUTT

Decided On April 01, 2013
Khawaja Khallilullah Appellant
V/S
Shamem Butt Respondents

JUDGEMENT

(1.) THIS is an application for recalling order dated 4.5.2012 vide which the applicant/respondent No.1 has been proceeded exparte. The petitioner has contested the application by filing reply. It is open to the applicant to join the petition even after she has been proceeded exparte. The petition is to be decided on the basis of material on record. Hence, the application is allowed, order dated 4.5.2012 is recalled.

(2.) THIS petition under Article 227 of the Constitution of India has been filed against order dated 11.10.2011 passed by learned Civil Judge (Junior Division), Court No.7, Shimla in Civil Suit No. 10/1 of 2010/2008 dismissing the application of petitioner under Order 7 Rule 11 read with Order 14 Rule 2 (2) and Section 151 C.P.C.

(3.) IT has been stated in the petition that the suit is for declaration that respondent No.1 is legal and rightful owner of the property, building No. 70/1, The Mall, Shimla with consequential relief that the revenue entries got affected by the petitioner and respondent No.4 qua the suit property in their favour be declared as null and void and for permanent prohibitory injunction restraining the petitioner and respondent No.4 from selling, alienating or creating any third party interest in the suit property.