KHAZANA RAM Vs. NAND LAL

JUDGEMENT

(1.) IN this petition filed under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India, the petitioner has challenged the correctness and validity of the order dated 14th September, 2005 passed by the learned Civil Judge (Senior Division), Bilaspur in Execution Petition No.1/10 of 2005. The facts giving rise to the filing of this petition are very peculiar and interesting and need to be noticed carefully.

(2.) A suit for declaration and permanent prohibitory injunction was filed by respondent No.1, Nand Lal against the petitioner Khazana Ram as well as respondent No.2 Joginder Singh on the ground that the plaintiff was a co-sharer along with the aforesaid two defendants of some property and that he being co-sharer to the extent of 1/3rd was entitled to receive compensation from Kol Dam authorities on account of acquisition of the land by them. In this suit, the petitioner in his capacity as defendant No.1 and respondent No.2 Joginder Singh in his capacity as defendant No.2 had engaged counsel by executing separate powers of attorney in favour of the counsel even though both of them had filed a joint written statement which was signed by the counsel Shri O.P. Gautam on the basis of the aforesaid two powers of attorney executed in his favour by these two defendants. This written statement was also signed by respondent No.2 as well as verified by him even though it was not signed by the petitioner. As the suit was pending disposal before the learned trial Court, an application came to be filed by the plaintiff Nand Lal on 9th September, 2004. This application was signed by him alone.

(3.) THIS application was taken up by the learned trial Court on 10th September, 2004. On that date, the following order was passed:-