HARJI SHIVJI HIRANI Vs. VISHRAM HARJI HIRANI

JUDGEMENT

(1.) The present revision application under section 115 of the Code of Civil Procedure is directed against an order dated 19- 4-2018 passed below Exh.14 in Regular Civil Suit No. 235 of 2010 by the learned Additional Civil Judge, Bhuj by virtue of which, the application under Order 7 Rule 11 of CPC came to be rejected.

(2.) The case in brief is that present respondents herein who are the original plaintiffs have instituted a suit being Regular Civil Suit No. 235 of 2010 for setting aside the sale deed dated 15.7.2008 and also claiming share in the property along with other incidental reliefs and also praying for permanent injunction.

(3.) The present petitioners, on the ground that during the subsistence of father as well as grandfather, sale deed had been executed with respect to land bearing Revenue Survey No.195/P admeasuring 5-16-00 RA of Village Ratia, Taluka Bhuj, District Kutch, have asserted that land was never ancestral property and as such, the plaintiffs being the grandsons are not entitled to seek any partition. Based upon this main premise, the written statement also came to be submitted at Exh.22 by raising dispute about the rights of the plaintiffs, dispute about the fact that this land had been partitioned during the life time of Shivji Lalji Hirani way back in 1986 and the names of the plaintiffs even thereafter were never mutated and as such, since on account of necessity, original defendant No.1 executed sale in favour of defendant Nos.2 and 3, no illegality was committed and in the absence of any right, title or interest in the suit property, it was not open for the original plaintiffs to institute suit, hence, contested.