- (1.) Plaintiff-respondent no.1 Puran Singh along with others filed Civil Suit No.354 of 2008 in the Court of Civil Judge, (Sr. Divn.), Panipat under Order 1 Rule 8 CPC seeking declaration to the effect that the suit property is a public park and the judgment and decree dated 6.5.2003 passed in Civil Suit No.155 of 1999 was null and void and not binding upon the plaintiffs and other inhabitants of Ashok Nagar, Tehsil Camp, Panipat. Permanent injunction was also sought restraining the defendants from carving out plots, changing the nature of the property in dispute or creating any interference therein.
(2.) The said Civil Suit was filed against defendant no.1 Baldev Raj Sharma (since deceased) now represented by his LRs, who are the appellants in the instant appeal and defendant no.2- respondent no.4 Smt. Raj Kumari wife of Kharati Lal (predecessorin- interest of the applicants). Municipal Council, Panipat was also arrayed as defendant no.3 in the instant suit. Defendant No.2- respondent No.4 Raj Kumari wife of Kharati Lal (predecessor-ininterest of the applicants) was proceeded against ex parte.
(3.) In the instant suit, on the basis of pleadings of the parties, following issues were framed:- "1. Whether the plaintiff is entitled for decree for declaration to the effect that the suit property is public park to this effect also that the judgment and decree dated 6.5.2003 passed in Civil Suit No.155/1999 are null and void OPP. 2. Whether the suit is not maintainable in the present form OPD. 3. Whether the suit of plaintiff is bad for mis-joinder and non-joinder of necessary parties OPD. 4. Whether the plaint is liable to be rejected under Order 7 Rule 7 CPC OPD 5. Whether the suit is not properly valued OPD. 6. Whether the plaintiff has suppressed material and true facts from the Court and as such suit is liable to be dismissed OPD. 7. Relief.";