LABHCHAND Vs. RAJKUMAR

JUDGEMENT

(1.) This revision petition has been preferred by the plaintiff against an order dated 16-7-99 of the Addl. Civil Judge (Jr. Div.) No. 1, Jaipur in Civil Suit No. 273/98 whereby the suit was held to be not maintainable and liberty was granted to file objections in the pending execution proceedings initiated by respondents who are decree holder in Civil Suit No. 114/76 decreed on 22-1-93.

(2.) The facts leading to this petition are stated in a nutshell are to the effect that earlier one Suresh Chand instituted a suit No. 114/76 against Bhanwar Devi and others for permanent injunctions for restraining the defendants therein from (1) raising any construction over chowk, pol, latrine and Chabutra's both the sides of House Nos. 1919 to 1921; (2) keeping a cabin on Chabutra and sewing machine in the pole, and (3) then letting out the cabin. The defendants therein remained absent thereby that suit proceeded ex parte and culminated into the decree having been passed ex parte on 22-1-93 whereafter, Suresh Chand sold his all portion in the house property of earlier suit to Rajkumar (respondent No. 1 herein), who filed execution petition against the defendants in earlier suit praying for removal of cabin through Court.

(3.) Thereafter, Labhchand (present petitioner) when came to know about aforesaid decree passed in earlier suit No. 114/76, instituted present suit No. 273/98 by impleading Rajkumar and others (present respondents) for declaration and permanent injunction claiming that the Chabutra and Cabins (which are subject matter of the decree dated 23-1-93 in earlier suit No. 114/76) stand in ownership of the present petitioner (plaintiff in subsequent suit No. 273/98) and the respondents have no concern over the same and thereby the decree of earlier Suit No. 114/76 is not binding on him (Labhchand). Thus, present petitioner in his suit No. 273/98 sought injunction that respondent No. 1 be restrained from executing the decree for Cabin against him.