ASHA ANILKUMAR KATARIA Vs. ASHOKKUMAR

JUDGEMENT

(1.) Appellant-original Plaintiff, by present appeal, challenges the judgment and order dated 23.12.2005 delivered by 4th Adhoc Additional District Judge, Jalgaon, in Special Civil Suit No. 212 of 1999. By the impugned judgment and order, learned Additional District Judge was pleased to reject the plaint and dispose of suit, by arriving at a conclusion that Civil Court had no jurisdiction to entertain the suit. Although suit is disposed of by rejection of plaint, since the decree as defined by Section 2(2) of the Code of Civil Procedure, 1908, includes "rejection of plaint", appeal under Section 96 is preferred, challenging the said judgment and order.

(2.) Special Civil Suit No. 212 of 1999 was filed in the court of Civil Judge, Senior Division, Jalgaon, by present appellant for the purpose of recovery of amount of Rs. 1,80,19,089.55 along with future interest at the rate of 22% per annum on the basis of averment to following effect;

(3.) In the lengthy written statement filed by defendant No. 1, paras 1 to 14 (pages 1 to 16), are utilized for denying verbatim all the averments in the plaint. Ultimately, it is contended that the suit and criminal case (referred in paragraph 12 of the plaint) filed by the plaintiff are false and without any cause. Defendants No. 2 and 3 have no concern with suit contract or claim. There is no joint family of three defendants. There was oral partition and family arrangement between them in the year 1988 and the properties sought to be attached under the suit are of defendant No. 3 alone. Defendant Nos.1 and 2 have no legal right, title or interest in respect of those properties. It is pleaded that suit as against Defendant Nos.2 and 3 deserves to be dismissed.