SMT. BINITA BHOUMIK (MALAKAR) Vs. SRI SOUMEN BHOUMIK

JUDGEMENT

(1.) The defendant-wife has preferred the instant revisional application challenging rejection of an application filed by the present petitioner under Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint in a suit filed by the opposite partyhusband for the following reliefs:

(2.) It is alleged by learned counsel for the petitioner that previously another suit was filed by the opposite party for cancellation of a deed of gift executed by the opposite party in favour of the petitioner on February 7, 2018. Despite pendency of such previous suit, the present suit was instituted by the opposite party-husband on the same ground of alleged fraud and misrepresentation having tainted the execution of the said gift deed.

(3.) The petitioner is pressing three grounds for rejection of plaint - respective bars under Section 31 and section 34 of the Specific Relief Act, 1963, as well as the bar under Order 2, Rule 2 of the Code of Civil Procedure.