TRIVENI COMMERCIAL LTD Vs. DARUKA & COMPANY

JUDGEMENT

(1.) The petitioner- M/s Triveni Commercial Ltd. is aggrieved of order dated 03.05.2010 passed in Title Suit No.08 of 2003 by which the application under Order 9 Rule 7 CPC for recall of order dated 16.07.2004 has been rejected.

(2.) By an order dated 04.01.2011 further proceeding in Title Suit No.08 of 2003 was stayed by this Court.

(3.) Shorn of unnecessary details, suffice would be to record that Title Suit No.08 of 2003 was instituted by M/s Daruka & Company seeking a declaration "which one of the defendants is the lawful owner of the suit property" and for a decree for transfer of the suit property in favour of M/s Daruka & Company because no one is realizing rent from the plaintiff. The petitioner is defendant no.3 in Title Suit No.08 of 200 Case pleaded by the petitioner is that after defendant no.1 - M/s Chrestien Mica Industries Ltd. went into liquidation it has purchased the suit property in the year, 198