JASWANT Vs. SAHIRAM

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dtd. 11/7/2017 passed by the learned Additional District Judge, Behror, District Alwar (for brevity, "the learned trial Court") whereby, an application filed by the petitioner-defendant No.4 (for brevity, "petitioner") under Order 11 Rules 14 and 15 read with Sec. 151 CPC has been dismissed.

(2.) The relevant facts in brief are that the respondent No.1/plaintiff (for brevity, "plaintiff") filed a suit for partition and permanent injunction against the petitioner and the respondents No. 2 to 14. During its pendency, the petitioner filed an application under Order 11 Rules 14 and 15 read with Sec. 151 CPC which has been dismissed by the learned trial Court vide its order dtd. 11/7/2017, impugned herein.

(3.) Assailing the order, learned counsel for the petitioner submits that the plaintiff has already sold his share in the property in favour of Shri Ram Singh, husband of the defendant No.5 and father of the defendants No.6 and 7, who have already filed another suit and hence, the present suit is not maintainable. He, therefore, prays that the writ petition be allowed, the order impugned dtd. 11/7/2017 be quashed and set aside and the application filed by him be allowed.