NITESH GHOSH Vs. PATIYA DEVI AGARWAL

JUDGEMENT

(1.) By this Civil Revision Petition filed under Article 227 of the Constitution of India, the petitioners, who are defendant Nos.2 to 9 in Title Suit No.17/2015, question the order dated 06.12.2016 (Annexure-5) passed by the learned Civil Judge, Darrang, Mangaldai, in Title Suit No.17/2015, whereby the learned Civil Judge rejected the application filed by the petitioners under Order 14 Rule 1 of the CPC for framing preliminary issues.

(2.) In the suit filed by the plaintiffs, numbering 10, the defendant No.1 is one Sri Subhkaran Jain. As noticed earlier, defendant Nos.2 to 9 are the present petitioners. Plaintiff Nos.9 and 10 are minors and they are sons of Late Sanjay Kyal. The mother of plaintiff Nos.9 and 10 is Smt. Chanchal Devi Agarwal @ Sureka @ Kyal and she is the plaintiff No.8 in the said suit. The following recital appears in the array of parties in respect of plaintiff Nos.9 and 10:

(3.) The case projected in the plaint is that the predecessor-in-interest of the plaintiffs, Late Mirzamal Agarwal alias Sureka alias Kyal was the owner of a plot of land measuring 12 Bigha 4 Katha and 4 Lecha, covered by Dag Nos.972, 973 and 974 in Patta No.793 of Village Kharupetia, Mouza-Kharupetia. Mirzamal Agarwal alias Sureka alias Kyal expired in the year 1968. At the time of death of Mirzamal, he had five sons, namely, Prahlad Rai Kyal, Rupchand Kyal, Bijay Kr. Kyal, Shreeram Kyal and Prem Kr. Kyal. Plaintiff No.1 is the wife of Prahlad Rai Kyal, plaintiff No.2 is Bijay Kr. Agarwal alias Surekha alias Kyal, plaintiff No.3 is Shreeram Agarwal alias Sureka alias Kyal and plaintiff No.4 is Prem Kumar Agarwal alias Sureka alias Kyal. Prahlad Rai Kyal expired on 25.04.1996 leaving behind his wife Smt. Patia Devi Agarwal @ Sureka (plaintiff No.1) and two sons, namely, Sri Rajendra Kr. Sureka and Sri Krishna Kr. Sureka, who are plaintiff Nos.6 and 7, respectively. Rupchand Kyal expired in January, 1996 leaving behind his wife Smt. Sulochana Devi Kyal and two sons, Sanjay Kyal and Bikash Kyal. Sanjay Kyal expired on 24.02.2005 leaving behind his wife Smt. Chanchal Devi Agarwal alias Sureka alias Kyal and two sons, namely, Sanskar Kyal and Vaibhav Kyal, who are plaintiff Nos.8, 9 and 10, respectively. In the year 2014, Smt. Sulochana Devi Kyal, wife of Late Rupchand Kyal also expired. Bikash Agarwal @ Sureka @ Kyal is plaintiff No.5.