SAIRENDRI SAHU Vs. SUBASINI SAHU @ PRADHAN AND ANOTHER

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner assails the order dated 6.8.2018 passed by the learned District Judge, Sambalpur in Civil Revision Petition No.7 of 2017. By the said order, the revisional court dismissed the revision and confirmed the order dated 2.8.2017 passed by the learned Senior Civil Judge, Sambalpur in Civil Suit No.226 of 2016 rejecting the application of defendant no.3 under Order 7 Rule 11 CPC to reject the plaint.

(2.) The plaintiff-opposite party no.1 instituted the suit for partition, declaration that the registered sale deeds dated 1.7.2016, 11.4.2013 and 6.8.2015 are null and void and permanent injunction. The defendant no.3 appeared and filed an application under Order 7 Rule 11 CPC to reject the plaint stating that the suit is not maintainable in view of the bar contained in Section 51 read with Section 41 (2) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act ("OCH & PFL Act"). The plaintiff filed objection. Learned trial court rejected the petition on 2.8.2017. Aggrieved by and dissatisfied with the order, defendant no.3 filed Civil Revision Petition No.7 of 2017 before the learned District Judge, Sambalpur, which met with the same fate.

(3.) Heard Mr.Sidhartha Mishra along with Mr.Swaroop Kumar Das, learned Advocates for the petitioner and Mr.Debendra Kumar Sahoo, learned Advocate for opposite parties 1 & 2.