SHAKUNTLA AGRAWAL Vs. MANISH GUPTA

JUDGEMENT

(1.) This Civil Revision has been filed against the order dtd. 25/9/2019 passed by learned XIV Civil Judge Class I, Gwalior in Civil Suit No.11A of 2019 (Manish Gupta Vs. Smt. Shakuntala Agarwal and Others), whereby, the application filed by the petitioners/defendants under Order 7 Rule 11 of CPC has been dismissed.

(2.) Heard learned counsel for the parties and perused the material made available on record.

(3.) Learned Sr. counsel for the petitioners Shri V.K.Bhardwaj, submits that on bare perusal of the plaint, undisputedly, the suit property was purchased by mother of the plaintiff who sold the same by registered sale deed to the petitioners. Thus, the suit property is to be taken as self acquired property of the mother of the plaintiff and alienation of the same cannot be challenged by anyone including her son. The suit property though falsely shown to be the joint family property, but alienation of joint family property also cannot be challenged by members of joint family except if the same has been sold for some unethical or illegitimate purposes only to deprive the family members of their share in such joint family property. In this case, no such ground has been even pleaded. Filing of the suit in the present case is glaring example of abuse of process of law only to harass and blackmail the petitioners/bonafide purchasers. Therefore, the suit is not maintainable at all.