HARI SINGH Vs. AJAY SINGH

JUDGEMENT

(1.) Grievance of the defendant No. 1 (petitioner herein) arises out of an order dtd. 20/4/2023 (Annex.11) passed by the learned Additional District Judge-06, Jodhpur (trial Court) in Civil Suit No.58/2012 (Ajay Singh Vs. Hari Singh and Ors.), vide which learned trial court dismissed petitioner's two applications i.e. one under Order II Rule 2 CPC r/w Order VII Rule 11 CPC for dismissal of the suit and the second under Sec. 10 CPC r/w Sec. 151 CPC for staying the further proceedings of said subsequent suit filed by the plaintiff.

(2.) Relevant facts, shorn of unnecessary details, are as under:

(3.) The Defendant No.1 (petitioner herein) filed written statement contesting the suit. He pleaded, inter alia, that the will dtd. 19/9/1989 of Smt. Jawahar Kanwar set up by the plaintiff was false and fabricated. That the Respondent No.1-plaintiff - Ajay Singh had already filed a suit with regard to property in question. If he wants to raise any other claim, he can amend the previous suit. However, he has no right to file a new suit for the same property and against same parties.