VIRAF SATARAWALA Vs. KHUSHRU SATARAWALA

JUDGEMENT

(1.) Appeal herein is directed against an order dtd. 13/12/2024 passed by the learned Additional District Judge, Jodhpur in Civil Original Suit No.102/2020 (NCV No.99/2020), vide which application of the respondent/plaintiff under Order 11 Rule 21 read with Sec. 151 CPC was allowed. Defendant is the appellant herein.

(2.) Civil suit before the learned trial Court is for partition and permanent injunction against the appellant/defendant.

(3.) Learned counsel for the appellant submits that the learned trial court committed a grave error in law and on facts by passing the orders dtd. 14/11/2022 and 13/12/2024. He contends that the directions issued under Order 11 Rule 12 and 14 read with Sec. 151 CPC, followed by the striking out of defence under Order 11 Rule 21 CPC, are perverse, unjustified, and legally unsustainable.