BRAJA KISHORE BEDAMATTA Vs. DEEPAK KUMAR BEDAMATTA

JUDGEMENT

(1.) This revision under Sec. 115 of the CPC, 1908 has been filed by the petitioner challenging the impugned order of rejection to his petition under Order 7, Rule 11 read with Sec. 151 of the CPC, 1908 passed on dtd. 22/4/2023 (Annexure-3) in I.A. No.16 of 2022 arising out of C.S. No.40 of 2022 by the learned Civil, Judge, Senior Division, Banpur in the District of Khordha.

(2.) The factual backgrounds of this revision, which prompted the petitioner for filing of the same is that, the Opp. Party No.1 in this revision i.e. Deepak Kumar Bedamatta filed a suit for partition vide C.S. No.40 of 2022 being the sole plaintiff against the petitioner and Opp. Party No.2 to 4 of this revision arraying them as defendants praying for partition of his 1/5th share from LOT Nos.1 and 2 of the suit properties in the plaint stating that,

(3.) Having been noticed from the learned Trial Court in the said suit for partition vide C.S. No.40 of 2022 filed by the plaintiff (Deepak Kumar Bedamatta, Opp. Party No.1), the defendant No.1 of the said suit i.e. Braja Kishore Bedamatta filed an I.A. vide I.A. No.16 of 2022 in that suit under Order 7, Rule 11 read with Sec. 151 of the CPC, 1908 praying for rejection of the plaint of the plaintiff (Deepak Kumar Bedamatta, Opp. Party No.1) on the following grounds i.e.: