(1.) This Civil Revision Petition, filed under Section 115 of C.P.C., is directed against the order passed by the learned Sub Judge on a preliminary issue as to the maintainability of the suit filed before that court The court below found that the suit is not maintainable and hence it was dismissed.
(2.) The suit is one for declaration that the document executed with respect to plaint B schedule property is sham and nominal as regards the undivided 1/20 share of the plaintiff who is the legal heir of the deceased partner. Consequential injunction was also sought against the defendants.
(3.) Shorn of the details the case of the plaintiff is stated thus: