Hello All,
I have a civil case in which I am the respondent. The gist of the plaint is this:
The Plaintiff says that he owns a land in current survey/sub-division (170/2) because his seller had part ownership in old survey/sub-division(170/2) more than 50 years ago. The Plaintiff never established the relationship between old survey#170/2 and the new survey#170/2. The new survey number is in existence for @40 years. We bought the current survey/sub-division from a seller who has revenue documentation for @40 years. The plaintiff simply claims the above and further says that he has a bore well and electrical connections to the same in his name for which he had produced some EB bills without the survey number.
The above being the case, we have proved:
(1) That there is no electrical connection to the bore well as claimed by the plaintiff. All of the electrical connections he has procured are in different survey numbers., thus he is simply lying without any documentation for the same.
(2) That the plaintiff never established the relation between the old and the new survey/sub-division, which is a must since that is where the source of plaintiff's rights coming from.
(3) Recently (the case is on for @4 years now) we managed to get a sub-division order of RDO from 60s that clearly establishes that there is no relationship between the old 170/2 and the new 170/2. It further establishes that the old 170/2 is now called survey # 246 (new) which we have no issues with.
All documents have been submitted and numbered.
The above being the current position, the evidence from respondent (our) side is not closed and the plaintiff has closed their evidence.
Since it has become so obvious to the court that there is no lis here as such (as the plaintiff's land is in some other survey number), can we (respondent) file a petition to dismiss the case at this stage? If yes then under what section?
