DALJIT SINGH Vs. MADAN LAL AND ORS.

JUDGEMENT

(1.) THIS revision is directed against the order dated 18.02.2014 passed by learned Sub -Judge, Samba, by virtue whereof, the Trial Court dismissed the application filed by the petitioner and proforma respondent Nos. 4 & 5 under Order 7 Rule 11 read with Section 151 C.P.C. The impugned order passed in Civil Suit titled Madan Lal and Ors. vs. Jeet Kour & Ors. is assailed on the ground that respondent Nos. 1 & 2 (plaintiffs) while leading evidence filed a report of concerned Patwari regarding the share of Late Chet Singh (father of Jeet Kour -respondent No. 3) out of Khasra No. 39 of Village Sunjwan, Tehsil Samba and the said report reflected that Chet Singh had sold his entire share during his lifetime and there was no land available for his successor -Jeet Kour to transfer in favour of respondent Nos. 1 & 2 out of the said Khasra number.

(2.) THE case of the petitioner is that he filed an application under Order 7 Rule 11 read with Section 151 C.P.C. for dismissal of the suit in the light of the aforesaid report of Patwari but the Trial Court dismissed the application. The impugned order is assailed as being perverse, illegal and unsustainable in law. The petitioner claims that in earlier round of litigation, it has been held that respondent Nos. 1 & 2 were out of the possession of the suit land and no injunction could be granted in their favour. Thus, the impugned order is sought to be quashed.

(3.) IT appears that during the course of trial of the suit, respondent Nos. 1 and 2 filed a report from the revenue agency dated 05.04.2011 which reflected that Chet Singh -father of respondent No. 3 (Jeet Kour) had transferred his entire share out of Khasra No. 39 measuring 8 Kanals 3 Marlas situated at Sunjwan, Tehsil Samba. However, respondent Nos. 1 & 2 while adducing evidence as plaintiffs in the suit, did not examine the Patwari to prove the aforesaid report. This prompted the petitioner and proforma respondent Nos. 4 & 5 to file an application under Order 7 Rule 11 read with Section 151 C.P.C. for dismissal of the suit. Learned Trial Court held that the application did not fall in any of the clauses of Order 7 Rule 11 C.P.C. and the same came to be dismissed.