SADANAND Vs. SHAHAJADBI

JUDGEMENT

(1.) The petitioner who is the sole defendant in OS No. 158/2015 before the Additional Civil Judge and JMFC, Nipani, in a suit for declaration with a prayer to treat the sale deed dtd. 23/1/2007 as not binding upon the plaintiff being unsuccessful in his application IA No.IV under Order 7 Rule 11 has presented this petition under Sec. 115 of the Code of Civil Procedure, 1908, calling in question the legality and the correctness of the said order.

(2.) Respondent Nos. 1 to 4 were the plaintiffs in the said suit OS No. 158/2015 before the learned Additional Civil Judge and JFMC, Nipani. In a nutshell, their grievance was that subject matter of the suit belonged to husband of respondent No.1 and father of respondent Nos.2 to 4 and the questioned document purporting to be a sale deed was obtained from him by the petitioner herein in the year 2007, few days before his death due to cancer in the hospital. They have alleged in the plaint that they came to know about the sale deed in the year2014 and realizing the fraudulent nature of the said document, they had filed a suit in OS No. 158/2015 for declaration etc.

(3.) IA No.IV filed by the petitioner herein before the learned trial Court has advanced twofold contentions namely, that on the face of the averment in the plaint suit did not disclose any cause of action and further the suit was barred by limitation. The learned trial Court after considering the averments made in the affidavit in support of IA No.IV and the objections filed by the plaintiffs to the same and also the averments in the plaint has found the application to be untenable and accordingly, by the impugned order it has rejected the same.