DEVENDRA KUMAR SOMANI Vs. RAJENDRA KUMAR SOMANI

JUDGEMENT

(1.) BY means of this revision, the applicant challenges the validity of order dated 6.12.2000 whereby the application filed by the applicant under Order XII Rule 6, C.P.C. has been dismissed by the Court below. It appears that the applicant filed Suit No. 610 of 1984 for following reliefs:

(2.) THE said suit was contested by the defendants -respondents who denied the claim of the applicant. In the said suit the applicant filed an application for separation of his 1/7th share from the property in dispute under Order XII Rule 6, C.P.C. The said application was filed on the basis of the statement of fact made in paragraph 2(e) of the written statement filed by Sri R.K. Somani, the respondent No. 1. The application field by the applicant was objected to and opposed by the respondents. Another suit No. 212 of 1987 is alleged to have been filed by the respondent No. 1 for partition of plot No. 34 situated in Block No. 34, Gotaiya Scheme No. 7, now bearing Municipal No. 7/176, Swarup Nagar, Kanpur. In paragraphs Nos. 2 and 4, 1/7th share of the applicant in the property in dispute is also alleged to have been admitted. The aforesaid two suits were subsequently consolidated. The court below, after hearing the parties, dismissed the application filed by the applicant holding that at that stage of the suit 1/7th share claimed by the applicant in the property in dispute could not be separated. Whole suit is to be decided after parties produced evidence in support of their cases and whatever share is ultimately found, shall be given to the parties and rejected the application by the impugned order as defendant No. 2 did not accept the claim of the applicant. It was also observed that at that stage it could not be held that the applicant had 1/7th or 1/5th share in the property in dispute as claimed by him. Hence, the present revision.

(3.) I have considered the submissions made by learned counsel for the applicant and also perused the record. Order XII Rule 6, C.P.C., provides as under: