SIDDHARTH PATEL Vs. JYOTSNA DEVI

JUDGEMENT

(1.) The applicant/defendant No. 2 has filed this revision being aggrieved by order (Annexure A-20) dtd. 3/8/2021 passed by the District Judge (28th), Jabalpur in R.C.S. No. 800023/2015 whereby the applications filed by defendant No. 3 under Order 23 Rule 1A of Code of Civil Procedure and under Order 1 Rule 10 CPC read with Sec. 151 CPC have been allowed permitting her to be transposed as plaintiff; the application filed by defendant No. 7 Kohinoor Tabacco Private Limited for dismissing the suit as abated has been dismissed and the application filed by defendant No. 1 under Order 22 Rule 4A read with Order 22 Rule 5 CPC has been dismissed.

(2.) The facts giving rise to this revision are that plaintiff Jyotsna Devi Patel filed a suit bearing R.C.S. No. 23A/2015 on 16/4/2015 for partition and separate possession of House No. 933, New No. 908, Gol Bazar, Jabalpur and 1/5th share in respect of the agricultural land bearing Survey No. 55, 64, 68, 79, 84, 118, 117/3, 119/2, 165, 167, 173/1, 172/1, 189/3, 189/1, 203/5 and 86/3 total area 60.52 hectare i.e. 149.56 acres situated at village Baderakala, P.C. 27, Tahsil Panagar, District Jabalpur including the houses constructed thereon against the defendants, who are her sons, daughters and grand son. The applicant/defendant No. 1 and defendant No. 2 are the sons, defendant Nos. 3, 4 and 5 are the daughters of the plaintiff and defendant No. 7 is a registered company which is in physical possession of a portion of the suit House No. 933 as bonafide purchaser as per registered sale-deed dtd. 14/4/1972 executed by Parmanand Bhai Patel and plaintiff Smt. Jyotsna Devi Patel.

(3.) In the aforesaid civil suit, defendant No. 6 filed his written statement on 28/4/2017. Defendant No. 7 filed its written statement on 3/10/2017, the applicant/defendant No. 2 and defendant No. 1 filed their separate written statements on 24/10/2017 and defendant Nos. 4 and 5 proceeded ex parte in the year 2017. Defendant Nos. 1, 2, 6 and 7 in their written statements have denied the claim of the plaintiff. Defendant No. 3 in her written statement filed on 15/11/2017 denied the claim of the plaintiff and raised some preliminary objections.