JUGAL KISHOR TAPARIA Vs. NATHMAL AND OTHERS

JUDGEMENT

(1.) The present misc. appeal has been preferred against the order dtd. 9/11/2020 passed by the Additional District Judge, Sujangarh, District Churu in Civil Misc. Case No.11/2020, whereby the application under Order 39 Rules 1 and 2, CPC filed by the plaintiff/appellant has been rejected and that of the defendants no.1 and 2 has been allowed.

(2.) The brief facts of the case are that the plaintiff/appellant Jugal Kishore filed a suit for declaration and partition along with an application for temporary injunction against the defendants/ respondents with the following averments :-

(3.) The defendants, while filing reply to the application under Order 39 Rules 1 and 2, CPC as preferred by the plaintiff, also preferred an application under Order 39 Rules 1 and 2, CPC praying for injunction in their favour. The case of the defendants no.1 and 2 was that Laxminarayan Taparia was never a partner in the firm and Shriram Somani was never appointed Munim in the firm, rather he was a partner with six annas share. The sale deed was got executed in favour of Nathmal as the property was purchased by Nathmal himself and hence, was his self acquired property. The consideration for the shop was not paid by Laxminarayan Taparia but the shop was self acquired property of defendant no.1 Nathmal. The alleged written understanding dtd. 7/7/1964 is a forged document and the alleged signature of defendant no.1 Nathmal on the same is also forged.