NARAYAN Vs. LEELA DEVI

JUDGEMENT

(1.) The present petition has been preferred against the order dtd. 23/5/2022 whereby the application under Order 7, Rule 11, CPC as preferred by the defendant has been rejected.

(2.) The case of the petitioner is that it was clearly established on record by way of the commissioner report that the piece of land qua which the suit was preferred by the plaintiff was of the ownership of the defendant and not the piece of land which the plaintiff was claiming of his ownership and possession. Further, even the application under Order 39 Rules 1 & 2, CPC preferred by the plaintiff has been rejected by the learned trial Court with the same findings.

(3.) Learned counsel for the petitioner submitted that once it was established on record that the piece of land which was a subject matter of dispute in suit was totally different from the land of defendant, the present suit could not have been proceeded further as the cause of action as alleged by the plaintiff was clearly not established or proved. Learned counsel submitted that the cause of action as prayed for by the plaintiff was definitely not qua his piece of land.