KAMLESH KUMAR Vs. NAND KISHORE

JUDGEMENT

(1.) This revision under Section 115 of the Code of Civil Procedure has been filed by the Petitioners against the order dated 10.12.2001, passed by the learned Additional District Judge, Sirmaur District, at Nahan, in CMA No. 54-N/6/2001 in Civil Appeal No. 44-N/13/2001/ 2000. By means of impugned order, application under Order 41 Rule 27 of the Code of Civil Procedure filed by the Respondent has been allowed.

(2.) With a view to properly understand and appreciate the submissions urged on behalf of the parties at the time of hearing of this revision petition, facts giving rise to the appeal wherein impugned order was passed need to be briefly noted.

(3.) Admittedly Respondent (hereinafter referred to as the Plaintiff), filed a suit for declaration with a consequential relief of permanent injunction. According to him, landed property, as detailed in the plaint, was ancestral Hindu Joint Family/coparcenary property of the Respondent as well as of Kamlesh Kumar, Parmod Kumar, Sahib Singh and Om Parkash. It may be noticed that in this suit Respondent was claiming himself to be the son of Mohinder Singh from his first wife whereas besides the four sons of Mohinder Singh, his widow as well as daughters were also added as Defendants. Plaintiff claimed to be the son of deceased Mohinder Singh from his first wife, whereas Defendants, who were arrayed as Defendants, were the sons, daughters and widow, from his second wife. Whether this position is correct or not, cannot be gone into in this revision, as such no opinion is being expressed on this aspect. Number of other pleas were raised in the plaint. When put to notice, Petitioners/Defendants contested and resisted the claim of the Plaintiff by filing the written statement.