KARTAR SINGH Vs. SHIV RATTANDEV SINGH

JUDGEMENT

(1.) This revision petition arises out of an order passed by Sub-Judge Poonch on 31-3-1993 in suit File No. 61/92. Trial Court under the impugned order decided the following three issues on preliminary basis :-(i) Whether the present suit is hit by resjudicata ? OPD(ii) Whether the plaintiff has no right or cause of action to file the present suit ? OPD(iii) Whether the present suit is not maintainable for want of necessary parties ? OPD

(2.) Presently the order is challenged in so far as it relates to the first two issues as the same have been decided against the petitioner.

(3.) The suit before the Trial Court was for declaration of ownership with possession in respect of Khasra No. 3220 measuring 3-kanal 1-marla situate at Poonch town near Jail, along with a single storey house. A prayer of consequential relief of permanent prohibitory injunction restraining the defendants from interfering or disturbing the possession was also made.