S.P.MEHROTRA, J. - (1.) THE present Writ Petition, under Article 226 of the Constitution of India, has been filed by the petitioner, inter-alia, praying for quashing the order dated 6.3.2002 (Annexure-5 to the Writ Petition) passed by the learned Additional District and Sessions Judge, Court No. 15, Kanpur Nagar, (hereinafter also referred to as “the Lower Appellate Court”).
(2.) IT appears that a Suit being Suit No. 728 of 1987 was filed by the petitioner (Nanhey Lal Dubey) against the respondent No. 3 (Mahesh Prasad Gupta) and Smt. Saraswati Devi. It was, inter-alia, prayed in the said Suit that a decree for declaration be passed in favour of the petitioner that he was the sole owner and in possession of House No. 63/15, Harbansh Mohal, Kanpur Nagar, and the respon­dent No. 3 (Mahesh Prasad Gupta-defendant No. 1 in the said Suit) had no con­cern, right or share in the said House, and further, that the sale-deed dated 1.6.1979, executed by Smt. Saraswati Devi (defendant No. 2 in the said Suit) in favour of the respondent No. 3 (Mahesh Prasad Gupta-defendant No. 1 in the said Suit), was void, illegal and ineffective. Copy of the plaint of the said Suit has been filed as Annexure-1 to the Writ Petition.
(3.) IT appears from a perusal of the order-sheet of the said Suit (copy whereof has been filed as, Annexure-2 to the Writ Petition) that on 28.11.1996, Issues were framed in the said Suit;