NIHARKANTI MISHRA Vs. NIHAR RANJAN PATNAIK

JUDGEMENT

(1.) This revision under Sec. 115 of the C.P.C,1908 has been filed by petitioner (defendant No.3 in the suit vide C.S. No.169 of 2023 pending in the Court of learned Civil Judge, Sr. Division, Bhubaneswar) against the Opposite Parties Nos.1 and 2 (plaintiffs in that suit vide C.S. No.169 of 2023) arraying the defendant Nos.1, 2, 4, 5, 6 and 7 of that suit vide C.S. No.169 of 2023 as proforma Opposite Parties challenging an order of rejection of his petition dtd. 5/1/2024 under Order 7 Rule 11 of the C.P.C.,1908 passed on dtd. 13/3/2024 by the learned Civil Judge, Sr. Division, Bhubaneswar in C.S. No.169 of 2023.

(2.) The factual backgrounds of this revision, which prompted the petitioner (defendant No.3 in the suit vide C.S. No.169 of 2023) for filing of the same is that, the suit vide C.S. No.169 of 2023 was filed by the O.P. Nos.1 and 2 of this revision being the plaintiffs against the defendants including the petitioner in this revision praying for declaration of title, cancellation of sale deeds and for permanent injunction stating about the accrual of its cause of action in Para No.16 of their plaint.

(3.) In that suit vide C.S. No.169 of 2023, the defendant No.3 filed a petition on dtd. 5/1/2024 under Order 7 Rule 11 of the C.P.C. Praying for rejection of the plaint of the plaintiffs (O.P. Nos.1 and 2 in this revision) on the ground that, the suit of the plaintiffs vide C.S. No.169 of 2023 is without cause of action and as such there is no cause of action for the plaintiffs to file the suit. For which, the plaint of the plaintiffs vide C.S. No.169 of 2023 is liable to be rejected.