KULDEEP SINGH Vs. SUNITA DEVI

JUDGEMENT

(1.) The defendant No.l has challenged the correctness of the order passed by learned Trial Court dismissing an application filed under Order 7 Rule 11 CPC for rejection of the plaint.

(2.) Respondent No.l Sunita Devi filed a suit for declaration with a consequential relief of permanent injunction and joint possession. The plaintiff while filing the suit has claimed the following reliefs: -

(3.) The plaintiff has pleaded that Raja Ram was the common ancestor of the parties who had two sons Roop Chand and Ramji Lai. Mam Chand is son of Roop Chand. Mam Chand is stated to be missing since 23.2.1984. Mam Chand has three sons and two daughters. Mam Chand also has sister Roshni Devi. As is clear from the prayer that challenge is the correctness/validity of decree dated 13.3.1985 passed by the Civil Court in a suit filed on 12.3.1985. Roop Chand is alleged to have suffered a decree, correctness/validity whereof has been challenged. Still further, the Will executed by Roop Chand dated 24.7.1987 is also claimed to be an oral Will. The defendant no.l filed an application under Order 7 Rule 11 CPC with a prayer to reject the plaint on the ground that the suit is hopelessly time barred and the plaintiff has no right, title or interest in the property on the ground that such property is ancestral. Learned Trial Court dismissed the application.