SRIPAL JAIN Vs. S. SREENIVAS

JUDGEMENT

(1.) This Civil Revision Petition is filed under Sec. 115 of the Code of Civil Procedure by defendant No.12, in O.S.No.5/2014, being aggrieved of the impugned order passed by the learned Senior Civil Judge and JMFC at Hiriyur, rejecting the application filed in I.A.No.10 under Order VII Rule 11(a) and (b) of CPC.

(2.) For the sake of convenience, the parties shall be referred to in terms of their ranking before the trial court.

(3.) The suit was filed by three grandchildren of late Smt. Puttamma, W/o Gujjarappa seeking partition and separate possession initially. However, subsequently defendant No.12 was impleaded while also seeking amendment of the plaint and pursuant to the amendment, to include a prayer to declare the alleged sale deed dtd. 11/2/2013 as illegal and void and further seeking a declaration that the registered partition deed dtd. 5/11/2004 and any other documents created by Smt. Puttamma, the 2nd defendant Smt. Kannumakka and her husband, defendant No.9 Sri G.Kumaraswamy are not binding on the shares of the plaintiffs and defendant No.1 and 8. Learned counsel for defendant No.12 submits that a plain reading of the plaint even after amendment does not disclose any cause of action against defendant No.12. Learned counsel submits that nowhere in the plaint, the plaintiffs have claimed that the property in question viz., item No.1 of the suit schedule property was acquired by Smt.Puttamma through her ancestors. Moreover, when admittedly item No.1 belonged to Smt. Puttamma and during her lifetime she sold the property in favour of defendant No.12 by registered sale deed dtd. 11/2/2013, the plaintiffs have failed to make out a case for partition of item No.1 of the suit schedule property. Learned counsel submits that it is for the plaintiff to show the cause of action in the plaint against defendant No.12.