FEHMIDABEGUM Vs. PREMWATI

JUDGEMENT

(1.) This revision application has been filed under Section 115 of CPC against the order dated 26.09.2006 passed by 4th Additional District Judge (Fast Track Court) Katni in Misc. Civil Appeal No.15/2006 whereby the appeal filed on behalf of plaintiffs has been rejected and order dated 13.12.2005 passed by learned Second Civil Judge, Class-II Katni in Civil Suit No.141-A/2005 returning the plaint to the plaintiffs to present in the proper Court has been affirmed.

(2.) Looking to the short point involved in the revision, the facts in detail are not narrated. Suffice it to say that by claiming 5/12th share in the suit property the plaintiffs have filed a suit for declaration that saledeed dated 1.05.2005 executed by defendant 2 and 3 in favour of first defendant is against the law and is void and on the basis of said sale-deed the defendant no.1 did not become sole owner of the shop marked as 'A', 'E', 'F' and 'H' because the plaintiffs are having 5/12th share in it. A decree of permanent injunction has also been sought that first defendant with the help of her husband, other relatives and wellwishers may not dismantle the 'A', 'E', 'F' and 'H' portion and its nature may not be changed and further no alienation of suit property be made by her.

(3.) An application under Order VII Rule 11 CPC was filed by first defendant, but learned Trial Court by exercising power under Order VII Rule 10 CPC passed a decree returning the plaint to the plaintiffs to present it before the proper Court having pecuniary jurisdiction. The Misc. Appeal filed by the plaintiffs has been dismissed by the impugned order. In this manner, this revision application has been filed by the applicants.