JAGADISH KUMAR S/O MR. H. SRIKANTASWAMY Vs. DR. SALEEM ASADULLA KHAN S/O LATE MOHAMMED JAMAL KHAN AND OTHERS

JUDGEMENT

(1.) THE trial court has rejected application filed under Order 7 Rule 1');">11 CPC, on the ground that there are no defects in suit to reject plaint under Order 7 Rule 1');">11 CPC. The Learned Counsel for petitioner/defendant submits that, partition deed referred to in plaint is an invalid document. The legal heirs who are alleged to have divided the property of Dr. Ahmedulla Khan are not the legal heirs and there is no cause of action to file the suit. These contentions raised in the written statement cannot be considered under Order 7 Rule 1');">11 CPC.

(2.) THE learned trial judge has rightly rejected the application. There are no reasons to interfere with the impugned order. The petition is accordingly dismissed.