SHAILESH KUMAR Vs. VIBHA GUPTA

JUDGEMENT

(1.) The instant appeal under Sec. 96 of the CPC has been filed by the plaintiff in O.S. No. 465 of 2017 Shailesh Kumar versus Smt. Vibha Gupta, against judgment and decree dtd. 4/5/2022 passed by the ACJM Court no. 3, Gautam Buddha Nagar, whereby the plaintiff 's suit has been rejected under Order 7 Rule 11 CPC on the ground that, one of the immovable property regarding which relief has been claimed by the plaintiff, was situated in District Auraiya, which was outside the jurisdiction of the Court and further, the plaintiff had not claimed relief of cancellation of lease deed executed in favour of the defendant by the Noida.

(2.) Factual matrix is that the plaintiff appellant Shailesh Kumar filed O.S. no.465 of 2017 against the defendant Smt. Vibha Gupta with the averments that plaintiff was a freelance journalist by profession, who published weekly newspaper 'Cyber Infosis'. The defendant's second marriage was solemnised with the plaintiff on 4/3/2000 as per the rights and rituals of Arya Samaj in Noida. The defendants first marriage was solemnised with Rishindra Jai Piparsaniya son of unknown, resident of Chattarpur, Madhya Pradesh, out of that wedlock a son Shishil Kumar was born. The defendant in furtherance of criminal conspiracy by disclosing that she was widow, solemnised marriage with the plaintiff and refused to bear children and emotionally pressurised him for adopting her 10-year-old son, from her previous marriage. In deference to the defendant's wishes, the plaintiff performed his duties as husband and father, for the sake of happy marital life, did not procreate any children from the wedlock with the defendant and agreed to adopt the son of the defendant from a previous marriage, as his heir.

(3.) The plaintiff further averred that since he was not having any fixed source of income, from the savings made from his income, for securing the future of his family, he applied for a plot, for publication of his newspaper in institutional category of a scheme of Noida, through application no. 369, registration number 18/2 dtd. 15/1/2003, accompanied with processing fees of ? 5000, which was paid by pay order no. 895834 dtd. 15/1/2003 and also deposited 10% of the estimated cost of the plot amounting to rupees 1,65,000 through demand draft with the State Bank of Patiala, Noida Branch on 15/1/2003.