PARUTAPPA Vs. BASAVVA AND OTHERS

JUDGEMENT

(1.) THE petitioner in this revision petition is the 3rd defendant in O.S. No. 372/2005. Being aggrieved by the order dated 22 -2 -2013 made on I.A. No. XVI on the file of the III Additional Senior Civil Judge, Hubli, the petitioner has filed this revision petition.

(2.) THE facts of the case are as follows: The respondents 1 to 4 in this revision petition are the plaintiffs in O.S. No. 372/2005 on the file of the III Additional Senior Civil Judge, Hubli and they filed a suit seeking for the relief of declaration, declaring that the sale of schedule 'A' property in favour of the 3rd defendant by the first defendant is not binding on them and also sought for partition and separate possession of 7/8th share in the suit schedule property.

(3.) THE plaintiffs have adduced their oral evidence and got marked the documents. The 2nd defendant had cross -examined them. At that stage, the 3rd defendant filed an application I.A. No. XVI under Order 7, Rule 11(d) read with Section 151 of CPC praying to reject the plaint as not maintainable on the ground that all the necessary parties are not impleaded and all immovable properties are not included in the plaint seeking for partition.