- (1.) This is plaintiff's regular second appeal. The plaintiff filed a suit for declaration to the effect that he has been using path comprised in Killa No. 782 and I for reaching his fields comprised in Khasra Nos. 78/10, 11, 12, 19 and 20 since the year 1964 and there is no other passage to. reach this land and this way he has got a right of easement of necessity of prescription.
(2.) The defendant contested the suit on the grounds that civil Court has got no jurisdiction; that the plaint has not been properly verified; that the plaintiff has no cause of action; that the plaintiff has no locus standi to file the present suit and that the plaintiff has not moved the Court with clean hands. On merits, it was urged that there exists no passage over Killa Nos. 2 and 9 of Rectangle No. 78 and, therefore, suit of the plaintiff in the present form is not maintainable. It was further urged that, in fact, the plaintiff is using a passage which is in Rectangle No. 84, which area is owned and possessed by the plaintiff is using a passage which is in Rectangle No. 84, which is owned and possessed by the plaintiff and so it was prayed that suit of the plaintiff be dismissed.
(3.) On the pleadings of the parties, following issues were framed :- 1. Whether Rasta in dispute is in existence on the spot as alleged; if so, its effect OPP. 2. Whether this Court has jurisdiction to try the present suit OPD. 3. Whether no cause of action is accrued in favour of the plaintiff to file the present suit OPD. 4. Whether the plaintiff has no locus standi to file the present suit OPD. 5. Whether the suit is not maintainable in the present form OPD. 6. Whether the suit is bad under Order 7 Rules 1 and 2 CPC OPD. 7. Relief.;