L.N.MITTAL,J. - (1.) ALLOWED as prayed for.
(2.) PLAINTIFF Kehar Singh, having been non-suited by both the courts below, has filed this second appeal. In the suit, plaintiff has challenged preliminary and final decrees of partition dated 07.09.1995 and 19.05.1999 along with report dated 04.04.1997 of the Local Commissioner, on the basis of which final decree of partition was passed, being illegal and null and void. Consequential relief of permanent injunction restraining the defendants from dispossessing the plaintiff from suit property, in execution of impugned final partition decree dated 19.05.1999, has also been claimed.
(3.) PLAINTIFF's claim is that as Proprietor of Panna Kirnan of Village Khanda, he is owner in possession of the suit property situated within abadi deh. Defendants, in collusion with one another, filed Civil Suit No.87 dated 10.02.1995 titled Zile Singh etc. vs. Maidhan etc., in which the impugned preliminary and final decrees of partition were passed. The said decrees were obtained secretly without knowledge of the plaintiff and without considering his ownership and possession over the suit property. No munadi was effected in the previous suit, which had been filed under Order 1 Rule 8 of the Code of Civil Procedure (in short � CPC).;