GHANSHYAM DAS AGRAWAL Vs. SHYAM BIHARI GUTPA

JUDGEMENT

(1.) Heard Sri Pankaj Agarwal, learned Counsel for the revisionist and Sri Nipun Singh, learned Counsel for the opposite parties.

(2.) This Civil Revision has been filed by the defendants-revisionists against the order dated 07.11.2013, passed by Civil Judge (Senior Division)/Additional District Judge, Court No. 9, Saharanpur, in Original Suit No. 325 of 2010, dismissing the application of the defendants-revisionists under Order-7, Rule-11 C.P.C., Paper No. 111-Ga and seeking rejection of plaint of the Original Suit.

(3.) The plaintiffs-opposite parties instituted an Original Suit No. 325 of 2010 against the defendants-revisionists seeking relief of partition of the property described at the foot of the plaint claiming %th share each in the suit property. It was alleged that plaintiffs and defendants are doing joint business in the name of G.D. Agrawal Associate and the property in question of which partition has been sought, namely, "Sai Sadan" has been purchased by three different sale deeds from the funds of business of M/S. G.D. Agarwal Associates. The construction over the said land was also raised from the fund of business of M/S. G.D. Agrawal Associate and the payment of taxes were also made from the said firm. Parties to the suit are residing in the said property according to their convenience and suitability and are using the same as such. As the families of all the parties have now grown and they feel inconvenience in residing in the said joint property and despite repeated request defendants failed to partition the said property compelling institution of the present suit for partition of the firm's property.