FOTI RAKABCHAND JAIN Vs. FOTI RATANLAL JAIN

JUDGEMENT

(1.) The petitioner/defendant has filed the present revision petition under Sec. 115 of the Code of Civil Procedure, 1908 ( in short 'CPC") being aggrieved by order dtd. 30/8/2018 passed by Civil Judge Class II Jobat District Alirajpur in civil suit No. 22-A/2018 by which application under Order 7 Rule 11 of CPC has been rejected.

(2.) Facts of the case in short are that present respondent no.1 has filed a suit for declaration and cancellation of sale deeds dtd. 30/8/1966 and 13/8/1976 against the petitioner. It is further prayed in the suit that possession of suit land shall also be handed over to the plaintiff. After service of notice upon the petitioners/defendants they have marked their appearance and filed an application under Order 7 Rule 11 CPC praying for rejection of the suit. The respondent/plaintiff has filed reply of the application.

(3.) Learned trial court vide impugned order dtd. 30/8/2018 has dismissed the application filed by petitioner. Hence this petition is filed by petitioner before this Court.