Ram Chand Gupta, J. - (1.) REQUESTS for placing on record Annexures P1 to P6. The same are taken on record subject to all just exceptions. Both the applications stand disposed of accordingly.
(2.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 9.2.2011, Annexure P6, passed by learned trial Court vide which application filed by Petitioner -Defendant No. 4 under Order XXIII Rule 1A read with Order I Rule X of the Code of Civil Procedure (hereinafter to be referred as 'the Code') has been dismissed. I have heard learned Counsel for the Petitioner -Defendant No. 4 and have gone through the whole record carefully including the impugned order passed by learned trial Court.
(3.) FACTS relevant for the decision of present revision petition are that parties are closely related. Suit has been filed by Respondent No. 1 -Ishwar Singh alias Sappatar Singh against his daughter, i.e., Respondent No. 2 -Smt. Raj Bala, her husband, i.e., Respondent No. 3 -Shri Bhagirath Singh, and her daughter, Respondent No. 4 -Smt. Neeru by impleading present Petitioner and Respondent No. 5 -Defendant No. 5 -Man Singh, as proforma Respondents being his brothers. Relief is sought for declaration that Respondent No. 1 - Plaintiff and Defendants No. 4 and 5 are joint owners of the agricultural land, duly described in the heading of the plaint, with a consequential relief of permanent injunction restraining Defendants No. 1 to 3 from alienating the land in dispute, in any manner, and further restraining them from interfering in his possession and possession of Defendants No. 4 and 5.;