LAWS(RAJ)-2012-7-36

HARNEK SINGH Vs. SUKHDEEP KAUR

Decided On July 10, 2012
HARNEK SINGH Appellant
V/S
SUKHDEEP KAUR Respondents

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the order dated

(2.) 02.2012 passed by the learned Additional Civil Judge (SD), Hanumangarh(for short 'the trial court' hereinafter), whereby the trial court has accepted the application of defendant Nos. 2, 6 and 7 under Order 8 Rule 1A(3) CPC. 2. Background facts in a nutshell are that the petitioner- plaintiff filed a civil suit for cancellation of sale-deed before the trial court praying therein that the sale-deed executed in favour of Chetan Kaur dated 14.02.1980, which is registered on 16.4.1980; and the sale-deed executed in favour of Kartar Singh dated 14.02.1980, which is registered on 16.04.1980, may be cancelled.

(3.) IT is further contended that the suit of the petitioner is pending for last 08 years. The documents were in possession of the respondent-defendants but they had not produced deliberately at the relevant time. The cause of delay was that the documents were lying with Shri Om Prakash Modi-Advocate, who is a practicing lawyer in Hanumangarh District, the respondent- defendants, could take the documents from Shri Om Prakash Modi and file the same with the written documents.