GOVIND PRASAD SHARMA Vs. BISHNU KUMAR RAI

JUDGEMENT

(1.) Defendant No. 1 has filed this petition under Art. 227 of the Constitution of India challenging the validity of the order of the trial Judge in striking out issue No. 7 which reads as follows :

(2.) Respondent No. 1 has filed Civil Suit No. 4 of 2002 in the Court of Civil Judge, East at Gangtok against the petitioner arraying him as defendant No. 1 claiming the following substantial reliefs :

(3.) We have heard counsel for parties. Learned counsel appearing for the respondent No. 1 submitted that the present suit not being a declaration of title or possession, issue No. 7 is irrelevant and the learned trial Judge rightly directed to strike it out. He also submitted that the strip of land measuring 100 ft. x 12 ft. and 6ft. x 60 ft. under plot No. 631/1147 is subject-matter of dispute in Civil Suit No. 8 of 2000 pending in the Court of the District Judge (Special Division) wherein right of parties over the said land has to be decided. Counsel for the petitioner submitted the said Civil Suit No. 8 of 2000 was filed on behalf of the minor sons of Basant Bir Lama challenging the plaintiffs rights over the said area of 100 ft. x 12 ft. and 6 ft. x 60 ft. and it has now been decided against the plaintiff and First Appeal is pending in this Court.