SAHDEO CHOUBEY Vs. ARJUN CHOUBEY

JUDGEMENT

(1.) Heard learned counsel for the petitioners Mr. Sanjay Kumar Tiwari. However, the respondents did not appear inspite of valid service of notice.

(2.) This writ petition has been filed under Article 227 of the Constitution of India for quashing the order dtd. 18/9/2017 passed by the learned Additional Civil Judge (Junior Division), Garhwa in Original Title Suit No. 28 of 2016 (hereinafter called as impugned order) whereby and whereunder, the learned Additional Civil Judge (Junior Division) has rejected the application of petitioners/defendants under Order 9 Rule 7 read with Sec. 151 CPC.

(3.) Factual matrix giving rise to this petition is that the respondent no. 1/plaintiff has instituted the aforesaid Title Suit against present petitioners/defendant nos. 1, 3 and 4 and proforma defendants nos. 2, 5 and 6/proforma respondent nos. 2, 3 and 4 seeking declaration of their right, title and share in the suit land and further declaration that the deed of gift executed in favour of the defendants/petitioners in the year 1986 is void, ab-initio and inoperative, conferring and conveying no title.