KAMLABAI Vs. GANGARAM

JUDGEMENT

(1.) Being aggrieved by the order dated 19-8-2008 passed by I Addl. District Judge, Ujjain in Civil Appeal No. 20-A/2007, whereby order dated 17-2-2007 passed by Civil Judge Class II, Ujjain in Civil Suit No. 199-A/2006, whereby application filed by the Respondents under Order 7, Rule 11, Code of Civil Procedure was allowed and the suit filed by the Appellants was dismissed, was maintained, the present appeal has been filed.

(2.) Appeal is admitted for final hearing on the following substantial questions of law

(3.) Short facts of the case are that Appellants filed a suit on 15-5-2006 for declaration and permanent injunction alleging that Appellants are the real brothers and deceased Nandram is the brother and Appellants and deceased Nandram are the legal representatives of deceased Bherulal being sons and daughters. It was alleged that Respondents No. 2 to 10 are the legal representatives of deceased Nandram. In the suit it was alleged that land bearing Survey No. 230 situated at village Ghatia belongs to Appellants and deceased Nandram being legal representatives of deceased Bherulal. It was alleged that in the revenue record mistakenly in the year 1972-73 part of the land of plot No. 66 of Survey No. 238 was recorded in the name of Respondent No. 1. In the suit it was prayed that it be declared that Appellants are Bhumiswami and is in occupation of land and Respondent No. 1 be restrained not to interfere with the possession of the Appellants and Respondents No. 2 to 10. After service an application was filed by the Respondent No. 1, wherein it was alleged that keeping in view the relief claimed by the Appellants the Civil Court is having no jurisdiction under Section 9, Code of Civil Procedure. It was prayed that suit filed by the Appellants be dismissed. The reply was submitted by the Appellants. After hearing the parties learned trial Court allowed the application and dismissed the suit against which the appeal was filed, which was also dismissed, hence this appeal.