DHARMA SHANKER Vs. CHUNNILAL & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-defendant aggrieved against order dated 25.11.2014, whereby, application filed by him purportedly under Order 22, Rule 4 read with Section 151 CPC seeking dismissal of the suit has been rejected by the trial court.

(2.) The respondent-Chunnilal filed a suit seeking cancellation of sale deed dated 22.08.1996 executed by Smt. Oti in favour of petitioner-Dharma Shanker, inter alia, with the averments that the suit property situated at Bhatto Ka Bass, Jalore belonged to one Smt. Gulabi Bai; the plaintiff was adopted son of said Smt. Gulabi Bai and after death of said Smt. Gulabi Bai, the property owned by her vests in him; the suit property was transferred by Smt. Oti, who is related to said Smt. Gulabi Bai claiming a oral Will in her favour and, based on said oral Will, she transferred the suit property to Dharma Shanker; the suit, which was filed on 17.02.1998, remained pending, wherein, Smt. Oti filed her written statement seeking dismissal of the suit filed by Chunnilal; petitioner - Dharma Shanker also filed his written statement seeking dismissal of the suit.

(3.) On 08.11.2005 it was brought to the notice of the Court that defendant No. 1 - Smt. Oti had expired.