SADHANA RAI Vs. BIMLA RAI

JUDGEMENT

(1.) THE respondents No. 1 and 2 herein (Smt. Bimla Rai and Smt. Malvika Rai) are the co-plaintiffs, who have filed Suit No. 1158/2005 in this court for partition and permanent injunction. The two appellants (Smt. Sadhana Rai and Sh. Vinay Rai) are impleaded as defendants No. 1 and 2 in that suit. The respondents No. 3 and 4 herein (Sh. Kulwant Rai and Sh. Anil Rai) are the defendants No. 3 and 4 in the said suit. The appellants (Smt. Sadhana Rai and Sh. Vinay Rai) think that the suit cannot proceed, as, according to them, the plaint requires outright rejection on as many as six grounds. Therefore, they moved an application under Order VII Rule 11 cpc pleading those grounds and seeking rejection of the plaint. However, the learned Single Judge has opined otherwise. He found no merit in any of the grounds raised on the basis of which it is pleaded by the appellants that there is no cause of action for filing the suit. Consequently, vide orders dated 30. 11. 2007, application of the appellants is dismissed as meritless. Not satisfied, the appellants have impugned that order in the present appeal.

(2.) BEFORE we advert to the pleas raised in the application under Order vii Rule 11 CPC by the appellants herein, it would be appropriate to state in brief the facts and averments on which the plaintiffs have founded the suit for partition and permanent injunction.

(3.) IT is the case of the plaintiffs in the plaint that all the parties to the suit are members of Rai family with the defendant No. 3 (Sh. Kulwant Rai)as the Patriarch of the family. He is the husband of the plaintiff No. 1 (Smt. Bimla Rai ). Defendants No. 2 and 4 (Sh. Vinay Rai and Sh. Anil Rai)are the two sons of the defendant No. 3 (Sh. Kulwant Rai) and plaintiff No. 2 and defendant No. 1 (Smt. Malvika Rai and Smt. Sadhana Rai) are his daughter-in-law, i. e. wives of the defendants No. 4 and 2 (Sh. Anil Rai and sh. Vinay Rai) respectively. Thus, the suit is filed by the mother-in-law and daughter-in-law in which the defendants are the husband, two sons and second daughter-in-law of the plaintiff No. 1 (Smt. Bimla Rai ).