SURJIT SINGH Vs. RANJU JASROTIA

JUDGEMENT

(1.) Applicant has filed this application seeking recalling of order dated 02.03.2018 passed in Civil Revision No. 21/2017 titled "Ranju Jasrotia and another v. Surjit Singh and others" to the extent "with a direction to the trial court to dispose off preliminary Issue no. 7 in accordance with law by a speaking order."

(2.) Plaintiff, Surjit Singh, filed a suit for declaration and grant of injunction in the court of Sub-Judge, Jammu. The trial court vide order dated 23.12.2010 joined the parties to issues out of which issue Nos. 6 and 7 were directed to be treated as preliminary issues, which read as under:

(3.) The trial court vide order dated 05.04.2011 decided issue No. 6 against the plaintiff and in favour of the defendants and rejected the plaint under Order 7 Rule 11 CPC. Issue No. 7 was also decided against the plaintiff as required under Section 168 of the Jammu and Kashmir Co-operative Societies Act.