VED PRAKASH Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) The present second appeal has been preferred against the judgment and decree dtd. 10/5/2023 passed by the Additional District Judge, Merta in Civil First Appeal No.09/2015, whereby the judgment and decree dtd. 17/3/2015 passed by the Civil Judge, Merta in Civil Original Suit No.112/2014 (164/2003) has been affirmed. The learned trial Court, vide judgment and decree dtd. 17/3/2015, rejected the suit of the plaintiffs for specific performance and permanent injunction.

(2.) The plaintiffs preferred the suit with the following averments:

(3.) Written statement was filed by the defendant - Department denying the very factum of the auction proceedings having been taken place and averring that the documents pertaining to the so called auction as filed by the plaintiffs were forged and fabricated. The defendants, though filed their written statement, did not lead any evidence but while cross-examining the plaintiffs' witness, got exhibited two applications dtd. 3/8/1971 and 7/10/1971 (Ex.A1 & A2) which were filed by Ram Narain before the then Chairman of Municipality. It was also averred that the plaintiffs had already preferred a suit in the year 2000 for the same reliefs wherein issues had also been framed and even after 7-8 opportunities being granted, the plaintiffs did not lead any evidence and ultimately, sought permission to withdraw the suit with liberty to file fresh. The said liberty being granted by the Court was even objected to by the defendants but still liberty was granted by the Court below. It was specifically pleaded by the defendants that the suit was on the face of it, barred by limitation.