BHANWARBAI Vs. GAJENDRA

JUDGEMENT

(1.) Petitioners/defendants have filed the present revision being aggrieved by the order dated 17-11-2015 by which application under Order 7, Rule 11 read with Section 151 of the Civil Procedure Code has been rejected by the trial Court in MJC No. 1/15.

(2.) Plaintiff/respondent No. 1 filed a suit for declaration and perpetual injunction restraining the defendants from carrying out the illegal construction, partition and separate possession of suit property as well as the properties of partnership firm Ms. Pokharna Brothers, Ratlam. The plaintiff filed the suit under Order 33 Rule 1 and 2 of the Civil Procedure Code as an indigent person. The plaintiff valued the suit at Rs. 12 crores without payment of ad-valorem Court fee of Rs. 1.59 lakhs. It is not disputed that plaintiff and defendants are real brothers and other defendants, are family members. Plaintiffs father died on 26-9-1990 and who was a partner in the firm M/s Pokhara Brothers. The plaint has not been registered as a regular civil suit and the proceeding under Order 33 Rule 1 and 2 Civil Procedure Code are pending.

(3.) That the present petitioner defendant No. 4 has filed an application under Order 7, Rule 11 read with Section 151 of the Civil Procedure Code for rejection of the plaint on the following grounds.