NARINDER SINGH Vs. SMT. TARA DEVI

JUDGEMENT

(1.) Petitioner is defendant No.1 in Original [Partition] Suit No.127/2013 and is aggrieved by the order dtd. 15/7/2024 (Annexure-5) under Order VIII Rule 1A read with Sec. 151 CPC whereby and whereunder leave to file the certified copy of the sale deed dtd. 12/4/2004 executed by defendant No.1 in favour of his wife/defendant No.2 has been rejected.

(2.) It is submitted by learned counsel for the petitioner that in para-8 of the written statement, it has been specifically pleaded that the suit property was partitioned and on the basis of the said partition, the petitioner had sold 1/3rd share in favour of his wife. Written statement, the sale-deed was a relevant document.

(3.) It is argued by learned counsel for the Opp. Party(s) that the said Suit is of the year, 2013 and the case is posted for argument for the last one year and at the stage of argument and at the fag end of trial and for delaying the case, the instant CMP has been filed.