SIDDHESHWARI DEVI Vs. KARAN HORA

JUDGEMENT

(1.) This revision has been preferred under Section 115 of Civil Procedure Code against the order dated 18.05.2018 passed by Shri R.K. Soni, First Additional Judge to the Court of First Additional District Judge, Bhopal in Civil Suit No.16-A/2013 by which the Court dismissed the application filed by petitioners under Order VII Rule 11 of CPC.

(2.) It appears from the record that Karan Hora filed a Civil Suit No.16- A/2013 before the lower Court on 01.01.2013 for declaration of title and declaration regarding the sale deed as null and void. The defendants No.14, 15, 17 and 18 (petitioners before this Court) filed an application under Order VII Rule 11 of CPC on 16.04.2018. It is stated in the application that previously Civil Suit No.295-A/1998 was filed by Narayan Singh, Suresh Singh, Bhagwat Singh and Jaswant Singh for declaration and permanent injunction against Abdul Kuddus Khan, Bhopal District Cooperative Land Development Bank and Ram Singh etc. During the pendency of that suit the Bank auctioned the disputed land and sold out to Siddeshwari Devi Defendant No.14/petitioner No.1. Thereafter Siddeshwari Devi was also made party in that suit. The suit was based upon the pleadings that Narayan Singh etc. purchased the aforesaid land from previous owner Abdul Kuddus Khan on 31.07.1989. The aforesaid suit was dismissed on 15.05.2006 under Order IX Rule 8 of CPC, therefore, new suit is not tenable. It was requested that the plaint should be rejected under Order VII Rule 11 (d) of CPC.

(3.) The plaintiff of that previous case respondents No.3 to 5 and 6 to 9 filed the reply of the aforesaid application on 17.04.2018. Very short reply was filed and it was stated that the application has been filed for ulterior motives and to cause delay in disposal of the case. The provision of res judicate is not applicable and there is no violation of the law as alleged.