At the same point of time, this Court, after going through the provisions made under Order 9 Rule 4 of the Code of Civil Procedure and the record of the learned Court below has come to the conclusion that the cause, which the applicant was agitating in the Court below in the Civil Suit is that he is joint owner in possession of the suit land, because he always remains and he could maintain a suit at any time. So far as declaration to the effect that sale deed executed by defendant No. 3 is ineffective at the time of partition that land to that extent will always be deductable from the share of defendant No. 3 and the decree for permanent injunction restraining the defendants from interfering over the suit land on the basis of his title, Plaintiff can always maintain such a suit fresh as it is a continuing cause and so for the redressal of his grievances, the applicant/plaintiff has limitation in his favour and so also cannot be said that his cause will be defeated in case the petition is not allowed.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Civil Revision No. 151 of 2017
Decided On: 20.08.2018
Krishan Dass Vs. Ghan Shyam and Ors.
Hon'ble Judges/Coram:
Chander Bhusan Barowalia, J.
Citation: AIR 2018 Himachal Pradesh 151
