BHAGWAN MISHRA Vs. RAMESH SALUJA

JUDGEMENT

(1.) Petitioner is the original defendant no. 1 in Original (Title) Suit No. 37/2016 which was filed by the plaintiff (since dead) for the declaration of title over Schedule-A property of the plaint which is the land measuring 86 decimals under different plots of khata no. 298 in village Ramgarh, Thana No. 82 and District- Hazaribagh.

(2.) Plaintiff died during the pendency of the suit and defendant no. 1 (present petitioner) was transposed as plaintiff vide order passed by the learned Trial Court on 29/6/2022. The order of transposition was challenged by the defendant no. 2 before this Court in C.M.P. No. 1148 of 2023 without success and it attained finality.

(3.) The petitioner after transposition moved the trial Court seeking permission for accepting amendment plaint was filed and the same was rejected vide order dtd. 17/4/2023. The order of rejection was assailed by the petitioner before this Court in C.M.P. No. 598 of 2023 which was dismissed with the observation there was no illegality in the impugned order. It was further observed that the Petitioner will be at liberty to institute a fresh suit and move in accordance with law as per the provision under Code of Civil Procedure.