Code of Civil Procedure, 1908–Order 39, Rules 1 & 2 r/w. Sec. 151–Dismissal of application–Order was confirmed by the Appellate Court–Suit for permanent injunction–Land was belonging to grandfather of the appellant–After his death, his heir ‘M’ transferred his 1/5 share through a gift deed in favour of respondent no. 2–Observation of Appellate Court that when the grandfather of petitioner had died on 23.12.2007 and the Will executed in favour of appellant came into effect, then why the petitioner did not file the application for mutation on the basis of Will–Further, he has failed to show the possession over the land–Held application was rightly dismissed.
