BONDAR Vs. MISHRIBAI

JUDGEMENT

(1.) The applicant before this Court, who is defendant No.l in civil suit filed by Mishribai has filed this revision against the order dated 14.09.2018 by which the Civil Judge, Class-I, Khategaon, District-Dewas has rejected the application preferred by the petitioner under Order 7 Rule 11 of the Code of Civil Procedure, 1908.

(2.) The facts of the case reveal that the non-applicant No.l Mishribai has filed a civil suit for declaration of title, possession, injunction and mesne profit. It was stated by her that in another Civil Suit i.e. Civil Suit No.60-A/2010, her husband was a party / defendant No. 1 and the death of her husband took place on 30.05.2012. She further stated that in spite of the fact that her husband was no more a fraud was played upon and a judgment and decree was passed in Lok Adalat on 13.12.2014 even though her husband was a party.

(3.) The another important aspect of the case is that she was not a party in Civil Suit No.l2-A/2014 which was decided by Lok Adalat on 13.12.2014. In those circumstances, she filed civil suit claiming declaration of title, possession, injunction and mesne profit.