SMT. LATA AGARWAL W/O SHRI SANJIV KUMAR AGARWAL Vs. SHRI OM PRAKASH S/O SHRI JAGDISH, GRANDSON OF SHRI CHHOTILAL

JUDGEMENT

(1.) The instant appeal has been filed by the appellant against the order dated 20.05.2016 passed by the Additional District Judge, No. 1, Jaipur District, whereby the application filed by the appellant under Order 9, Rule 13 read with section 151 CPC was dismissed.

(2.) Brief facts of the case are that the appellant-defendant No. 6 (hereinafter referred to as 'Appellant') purchased undivided half share of 6.1 Hectares land at village Dayalpura, Tehsil Sanganer, District Jaipur from respondent No. 3 Jagdish through Registered sale deed dated 08.04.2005. The respondents No. 1 and 2 plaintiffs being son and daughter of respondent No. 3 filed a suit for declaration of sale deed as null and void as well as for permanent injunction.

(3.) The said suit was decreed ex-parte in favour of the plaintiffs by the learned Trial court vide order dated 29.09.2006.