- (1.) The present revision petition has been preferred against the order dated 03.10.2015 passed by learned Civil Judge (Junior Division), Bilaspur, vide which the application moved by the petitioner/defendant No.1 for treating the issue of maintainability as preliminary issue has been dismissed.
(2.) Plaintiff-Respondent No.1 has filed a suit for declaration to the effect that Cheli Nama dated 24.02.1994 alleged by defendant No.1 and contested mutation No.8138 Mouja Bilaspur proceedings before the A.C. First Grade Bilaspur are wrong, illegal, null & void, forged, fabricated and bogus document and not binding on the rights of the plaintiff in any manner. The consequential relief of permanent injunction has also been sought restraining the petitioner from alienating the suit property by way of sale, lease, gift, mortgage or any other manner and from interfering in the actual and physical possession of Dharam Dass Chela Baba Priya Dass Mahant of Dera and members of the plaintiff Sanstha on the basis of the impugned Cheli Nama. During the pendency of the suit, the petitioner moved an application that the suit filed by the plaintiff is not maintainable as it has nothing to do with the suit property which is the property of Mandir Chamaran Satsang and is managed by defendant No.1 who is Mohatmim of the Mandir and the society which has filed the suit, has nothing to do with the said Mandir. The said application was contested by respondent No.1. The same was dismissed by the learned trial court vide impugned order dated 3.10.2015. Hence, this revision petition.
(3.) I have heard Mr. J.S. Mehndiratta, Advocate, learned counsel for the petitioner and gone through the paper-book carefully.;