JAISHI RAM Vs. HANSHU

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India, has been maintained by the petitioner, who was the plaintiff before the learned trial Court (hereinafter to be called as "the plaintiff"), against the order dated 16.08.2018, passed by learned Civil Judge (Jr. Div.), Court No. 2, Ghumarwin, District Bilaspur, H.P., in CMA No. 356/6 of 2018, in Civil Suit No. 77/1 of 2011, whereby the application, under Order 7, Rule 14 of the Code of Civil Procedure, filed by the plaintiff was rejected.

(2.) Briefly stating the facts, giving rise to the present petition are that the plaintiff filed a suit for declaration and injunction against the respondents/defendants (hereinafter to be called as "the defendants") and during the pendency of the suit the plaintiff filed an application under Order 7, Rule 14 CPC to bring on record and prove an application filed by defendants No. 1, 2 and 4 for partition of the property before the learned Assistant Collector 1st Grade, Ghumarwin, District Bilaspur to show the greediness and malafide intention of the defendants.

(3.) The application filed by the plaintiff was contested by the defendants by filing reply, wherein it has been averred that in the written statement it is clearly mentioned that defendant No. 1 is son of Sh. Pohlo and the plaintiff in para 7 has clearly pleaded that it is the plaintiff and defendants No. 6 to 9 who had succeeded Smt. Duhri Devi, who died issue-less. So, the plaintiff and defendants No. 6 to 9 could not be her class-1 heirs, as such, the plaintiff cannot deprive any benefit by producing the copy of objection submitted by defendants No. 1 to 4. It has been further averred in the reply that defendant No. 1 was not born out of the genes of Sh. Pohlo and Smt. Fimmo, but when he was a kid, he was handed over to Smt. Duhri Devi, so, he used to consider her like mother. Lastly, it has been averred that the present application has been filed just to delay the matter and the objections are not essential for proper adjudication of the matter and prayer for dismissal of the application has been made. The learned trial Court vide order dated 16.08.2018, dismissed the application so filed by the plaintiff. Therefore, aggrieved by the said order, the petitioner/plaintiff approached this Court by way of present petition.