SURENDRA KUMAR Vs. PHULWANTI DEVI

JUDGEMENT

(1.) These writ petitions are directed against order dated 19.11.2019 passed by Additional District Judge, Pali, whereby, the application filed by the plaintiffs under Order I Rule 10(2), Order VI Rule 17 and Order XXII Rule 10 CPC read with Section 151 CPC, has been rejected.

(2.) A suit for declaration, cancellation of sale deed and permanent injunction was filed by the petitioners - plaintiffs in the year 2001. The suit was filed inter alia with the submissions that the plaintiffs and defendant No.1 Smt. Phoolwanti Devi were legal representatives of Lt. Sh. Munna Lal. The family tree was indicated in Para-1 of the plaint, wherein, it was indicated that defendant No.1 Smt. Phoolwanti Devi was wife of Lt. Sh. Jawahar Lal S/o of Munna Lal and that the plaintiffs - Surendra Lodha and Suresh Lodha are sons of Lt. Sh. Munna Lal.

(3.) It was claimed that the property in question was joint and had not been subjected to partition. Certain properties were purchased by Munna Lal Ji in the name of Lt. Sh. Jawahar Lal and other members of the Family, which belong to the joint family. The list of properties were indicated in Para-4 of the plaint. Specific reference was made to land comprising in Khasra No.7/18, which was claimed as joint property though standing in the name of Jawahar Lal. Allegations were made that the nature of defendant No.1 has been non-cooperative and with a view to harm the family, she got the mutation in her name, regarding which, the plaintiffs had no information though they continued to be in possession of the land in question. Whereafter the land in question was transferred to defendants No.2 and 3. Averments were made that plaintiffs were entitled to get the transfer deeds cancelled for the reasons indicated in the plaint.