RAMPYARI Vs. PREM CHAND

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 8/10/2018 (Annexure P/8) passed by learned Civil Judge and Judicial Magistrate, Sri Vijaynagar in Civil Suit No. 23/2015, whereby, the application preferred by the petitioner under Order 6 Rule 17 read with Sec. 151 CPC was rejected.

(2.) Brief facts giving rise to the present writ petition are that the petitioner, being the permanent resident of Sri Ganganagar, purchased a piece of land from one Shri Aasu Ram in the year 1996. In pursuance of the agreement entered into between the petitioner and Aasu Ram, the due consideration of the land was paid and the possession of the land was taken over. After the purchase of the land, the petitioner is in its possession. The petitioner was surprised to receive a notice of execution in the execution proceedings undertaken by the respondent No. 1 Prem Chand in the year 2015. The petitioner enquired the facts of the matter and came to know that the land which was purchased by her was already sold to the respondent Prem Chand by Aasu Ram in the year 1983 and a decree was passed in favour of Prem Chand for which the execution proceedings are in process. Immediately, the petitioner preferred an application under Order 21 Rule 97 of the CPC by raising objections in the trial court.

(3.) Learned counsel for the petitioner submits that during the pendency of the execution proceedings an FIR was registered by the husband of the petitioner and the police investigated the matter. During the investigation, it was revealed that the deed was written by one Shri Imrat Lal in the year 1983 but the deed writer Imrat Lal is stated to have passed away in the year 1979 itself. Therefore, the document/deed on basis of which the respondent-plaintiff Prem Chand got the suit decreed in his favour was forged. The fact of deed writer Imrat Lal having passed away in the year 1979 and therefore, he could not have written the deed in 1983 was sought to be brought on record by the petitioner by way of filing an application under Order 6 Rule 17 CPC.