MADHO SINGH Vs. MUNICIPAL BOARD, SOJAT

JUDGEMENT

(1.) THIS appeal under Order XLIII, Rule 1(w) CPC is directed against order dated 27.01.1998 passed by the learned Additional District Judge, Sojat, whereby, application for review filed by respondent Municipal Board, Sojat has been accepted and the judgment and decree dated 16.05.1997 passed in regular first appeal by the said Court has been set aside and it has been directed that the appeal be registered again and be reheard.

(2.) THE facts in brief are that the plaintiff-appellant filed a suit for declaration and injunction against respondent-Municipal Board, Sojat and State of Rajasthan in respect of Khasra No.773, ad measuring 17 biswa, renumbered as Khasra No.2040/3598 for declaration of his title and injunction against the defendants; the suit was contested by the Municipal Board, which disputed the possession of the plaintiff and raised issue about jurisdiction of the Court.

(3.) THE learned trial court after hearing the plaintiff decreed the suit on 22.10.1996 and granted decree of declaration of title and injunction against the defendants.