LAWS(SIK)-2018-6-2

SHRI KHARGA BAHADUR GURUNG Vs. SHRI NIRMAL GURUNG

Decided On June 04, 2018
Shri Kharga Bahadur Gurung Appellant
V/S
Shri Nirmal Gurung Respondents

JUDGEMENT

(1.) Seeking review of the Judgment dated 26th Nov. 2015 rendered by this Court in RFA No. 10 of 2013, whereby the first appeal was dismissed confirming the Judgment and Order dated 30th March 2013 rendered in Title Suit No. 13 of 2012 by the Court of District Judge, Special Division-II, East Sikkim at Gangtok, the instant review petition is filed.

(2.) The facts, in brief, relevant for consideration of the instant review petition are that the respondent/plaintiff filed a suit for recovery of possession, eviction and other consequential benefits claiming a decree for recovery of khas possession of the suit property described in the Schedule 'B' of the plaint, after removing the defendants/review petitioners herein and also a decree for damages, wherein the following issues were framed: -

(3.) Whether the suit of the plaintiff is bad for nonjoinder of necessary parties"