HARBANS LAL Vs. KULDEEP CHAND AND OTHERS

JUDGEMENT

(1.) This revision petition is directed against the order dated 01.06.2018 passed by the learned Sub Judge, Jammu (hereinafter referred to as "Court below") whereby the application moved by the petitioner in terms of OrderVII Rule 11 of Code of Civil Procedure for rejection of the suit has been dismissed.

(2.) The respondent No.1 has filed a suit for partition of two rooms No. 2 and 14 out of House No.174-175 situated at Sarwal, Bakshi Nagar, Jammu by meets and bound. Besides seeking permanent prohibitory injunction restraining the petitioner from raising any construction in the common compound and passage or causing any obstructions in the use of the common passage, stairs, stairs, compound, gate and bathroom, the respondent No.1 has also prayed for a mandatory injunction directing the petitioner to remove certain constructions raised on the common amenities.

(3.) On being put on notice, the petitioner who was defendant No.1 in the suit, filed written statement raising several preliminary objections regarding maintainability of the suit like limitation, non-joinder of necessary parties, suit being collusive in nature; subject property already partitioned etc etc.