RAMNARESH YADAV Vs. TRIYAMBAK FATAK

JUDGEMENT

(1.) HEARD .

(2.) THIS Civil Revision under section 115 CPC by defendant is directed against the order dated 01/05/2014 in civil suit No. 1A/2014 by VIII Civil Judge, Class -II, Gwalior, defendant's application under Order VII Rule 11 CPC has been rejected.

(3.) DEFENDANT by the aforesaid application submitted that the suit house in fact is a trust property created for by late Dr. Leela Fatak in the name and style Dr. Fatak Child and Mother Welfare Trust on 05/03/1989. It is denied that the suit house is of the ownership of plaintiff with further assertion that plaintiff has prepared a forged 'will' and has claimed right of ownership of suit house through the same. It is submitted that as the suit property being trust property and the suit is not instituted by trust and, therefore, in the light of provisions of section 3 of the Act, the suit is not maintainable.