MANGLESH SHRIVASTAVA Vs. MAHRABAN

JUDGEMENT

(1.) The order dated 1.10.2020 and 1.12.2020 passed by Civil Judge Class-I, Morena in Civil Suit No.91A/2020, have been called in question by way of present revision, Smt. Manglesh Shrivastava vs. Mahraban and Ors. whereby the court below has partially dismissed the applications under Order 7 Rule 11 (B)(D) CPC and under Order 7 Rule 11(C)(D) CPC filed by the present petitioner/ defendant.

(2.) Briefly stated facts of the case are that the respondents/plaintiffs filed Civil Suit No. 91 A/2020 before Civil Judge Class-1, Morena, District Morena, with the pleadings that the respondents/plaintiffs are the Bhumiswami and possession holder of the disputed property. Earlier, disputed property was in the ownership of the mother of the respondents/plaintiffs. After the death of respondents/plaintiffs' mother, the respondents/plaintiffs and their father became the registered owner of the property in question. After the death of father of the respondents/plaintiffs on 20/1/2019, respondents/plaintiffs became the owner and possession holder of the disputed property. According to the petitioner/defendant, she purchased the property from the father of the respondents/plaintiffs by registered sale deed dated 23/12/2014 challenging which the suit was filed by the respondent/plaintiff against the petitioner/ defendant.Smt. Manglesh Shrivastava vs. Mahraban and Ors.

(3.) The petitioner/defendant has specifically raised preliminary objection about maintainability of the suit filed by the respondents/ plaintiffs. It is further pleaded by the petitioner that the suit filed by the respondents/plaintiffs is illegal and infructuous. The valuation in the suit is wrong and is insufficient and the respondents/plaintiffs also did not pay the sufficient court fee as per valuation in the suit. Therefore, applications under Order 7 Rule 11 (B)(D) CPC and Under Order 7 Rule 11(C)(D) had been filed by the petitioner/defendant for rejecting the plaint being not maintainable. The trial Court has rejected the applications filed by the petitioner/ defendant. Hence, this revision petition is preferred.