SAPNA JAIN Vs. ABDUL SATTAR KHAN BHARTI

JUDGEMENT

(1.) THIS case is on the Regular Board of this Court since 26.3.2012. On 17.4.2012 learned counsel appeared for the respondent. Today, however, in spite of the matter having been passed over and being taken in the post lunch session, no one appears for the respondent. I have, therefore, perused the record and am proceeding to dispose of the appeal.

(2.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 9.1.2006 whereby the suit of the appellants/plaintiffs was held to be not maintainable and hence dismissed [sic: rejected] under Order 7 Rule 11 CPC.

(3.) DURING the course of hearing of the application under Order 7 Rule 11 CPC the defendant filed another application under Section 151 CPC pleading further concealment of facts because appellant No.1/plaintiff No.1 had filed a divorce petition stating that she was living separately since 1999 and, therefore, it was pleaded that the case of appellant No.1 being turned out from the house in May, 2001 is false. It was pleaded in this fresh application under Section 151 CPC that in view of judgment of the Supreme Court in the case of S.P.Chengalvaraya Naidu (dead) by LRs v. Jagannath (dead) by LRs & Ors., 1994 (1) SCC 1, the suit should be dismissed.