LAKHAN LAL Vs. RAMLAKHAN

JUDGEMENT

(1.) This Appeal has been preferred by legal representatives of the original Plaintiff- Narsingh Prasad under Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC'), questioning the legality and propriety of the order dtd. 6/2/2021 passed in Civil Suit No.38-A/2015, whereby the learned trial Court has rejected the plaint in exercise of the powers under Order 7 Rule 11(a) of CPC. The parties to this appeal shall be referred hereinafter as per their description before the trial Court.

(2.) Briefly stated the facts of the case are that the Plaintiff-Narsingh Prasad (since deceased now represented by his legal representatives, namley, lakhan Lal and others) instituted a suit claiming possession of the suit land and house as described in plaint Schedule 'A' by submitting inter alia that a suit being Civil Suit No.37-A/1992 was earlier instituted against him by one Padma Bai and others seeking declaration of title and injunction with regard to the suit property in which one Kshama Bai was also one of the Plaintiffs. The said suit was dismissed by the concerned trial Court vide its judgment and decree dtd. 30/6/2003 and, the appeal preferred thereagainst was also dismissed by the Additional District Judge, Janjgir Champa vide judgment and decree dtd. 28/12/2005 in Civil Appeal No.28-A/2005. According to the Plaintiff, he was held to be the owner of the property in question in the said suit, while Kshama Bai was entitled to retain the possession of it till her lifetime. Further contention of the Plaintiff is that on 6/2/2006, said Kshama Bai has died and for the performance of her ritual, Defendants No.1 to 4 came and illegally encroached the suit property, and therefore, the Plaintiff has been constrained to institute the suit in the instant nature, instituted on 2/8/2007.

(3.) The aforesaid claim has been contested by Defendants No.1 to 4 and, the trial court vide its order dtd. 17/12/2007 has framed the issues and during the pendency of suit, the said Defendants have moved an application under Order 7 Rule 11 read with Sec. 151 of CPC on 19/1/2021 praying for rejection of the plaint as the same has been instituted without disclosing the cause of action.