- (1.) Heard H. G. S. Parihar, learned Counsel for the petitioner and learned standing counsel for the opposite parties.
(2.) By means of the present writ petition, the petitioner has challenged the order dated 27.2.1990 passed by District Judge, Pratapgarh and the order dated 10.3.1987 passed by Munsif Kunda, Pratapgarh.
(3.) In brief, the facts of the present case are that the plaintiff-petitioner has instituted a Suit (O.S. No. 366 of 1983) for permanent injunction for abadi land situated at Pargana Bihar, Tehsil Kunda district Pratapgarh on the ground that the land in question was ancestral abadi land of the plaintiff-petitioner. Ramroop Singh (opposite party No. 3) had filed written statement taking an objection that the disputed land was Bhoomidhari land of Shiv Kali, as she was the necessary party in the suit but as she was not impleaded so the suit is liable to be dismissed on the ground of non-joinder of necessary party. Further, an objection was also taken that suit cannot be entertained in the civil court.;