Satish Kumar vs Mrs. Abhilasha & others

MANOJ K. TIWARI, J. (ORAL)

Petitioner filed a suit, seeking declaration that the sale deed executed by defendant No. 2 in favour of defendant No. 1, is null and void. The said

suit was registered as Original Suit No. 373 of 2017 in the court of learned Civil Judge (S.D.), Dehradun.

As per the plaint allegation, petitioner had purchased the suit property, vide sale deed dated 15.03.2008, therefore, transfer of the suit property by

defendant No. 2 in favour of defendant No. 1, by sale deed dated 03.09.2013, is void ab-initio. In response to petitioner’s application for mutation

made in 2016, Uttar Pradesh Awas Evam Vikas Parishad (in short “UPAEVPâ€) informed him that the suit property has been mutated in the

name of defendant No. 1 on the basis of sale deed dated 03.09.2013.

UPAEVP - defendant No. 3 in the suit, filed written statement stating that it has no knowledge about the sale deed executed by defendant No. 2 in

favour of the plaintiff, as plaintiff had never applied for mutation.

It is the contention of the plaintiff that he had applied for mutation to UPAEVP on 08.11.2016, whereas stand taken by defendant No. 3 -

UPAEVP is that mutation, in favour of respondent No. 1, was effected much earlier on 23.01.2014.

Plaintiff moved an application seeking permission to file replica, which has been rejected by learned trial court vide order dated 03.05.2018, which is

under challenge in the present writ petition.

Heard learned counsel for the parties and perused the record.

It is settled position in law that replica is not part of pleading and replica cannot be filed, except with leave of the Court in terms of Order 8 Rule 9

C.P.C.

I have gone through the order passed by learned trial court. Learned trial court has given cogent reasons for rejecting plaintiff’s application.

Thus, there is no scope for interference. Accordingly, the writ petition is dismissed.

However, it is made clear that this order shall not preclude the plaintiff (petitioner herein) from seeking leave to file replica in respect of written

statement(s) to be filed by other defendant(s) in the suit.