JAGDISH PRASAD Vs. BAL CHAND & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 13.8.2015, whereby the application filed by the petitioner under Order I, Rule 10 Code of Civil Procedure has been rejected.

(2.) The petitioner filed a suit for permanent injunction against Bal Chand, Rajendra Kumar and Ganesha Ram and sought relief that three defendants be restrained from interfering in his possession. The suit was filed on the basis of a oral gift deed by Late Shri Ladu Ram or his predecessor.

(3.) A written statement was filed by the defendants and it was claimed that the respondents were owner of the suit property based on transfer deed executed by power of attorney holder of Late Shri Ladu Ram's legal representatives. The suit remained pending and the application filed by the petitioner under Order 39, Rule 1 & 2 Code of Civil Procedure was rejected by the trial court on 29.5.2015.