VIJAY SINGH MARWAHA Vs. SHASHI KAMRA

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 12/9/2019 passed by the Trial Court whereby the application under Order 7 Rule 11 CPC filed by the defendant-petitioners has been dismissed.

(2.) The brief facts relevant to the present lis are that the plaintiff-respondent No.1 filed a suit on 2/4/2013 for declaration to the effect that the plaintiff-respondent No.1 being daughter and Class-I legal heir of late Smt. Shanti Devi, widow of Balbir Singh Marwaha, was entitled to the estate of Smt. Shanti Devi w/o Late Sh. Balbir Singh Marwaha to the extent of 1/7th share and further for a mandatory injunction directing the defendant No.1 therein to transfer the estate left behind by the deceased Smt. Shanti Devi in the name of the plaintiff to the extent of 1/7th share as also for permanent injunction. In the suit, in para No.3 of the plaint, an averment was made that House No.3093, Sector 21-D, Chandigarh (RP No.3433) was transferred in the name of mother of the plaintiff, namely, Smt. Shanti Devi, vide office letter No.3233 RP/3433 G-1 dtd. 1/3/1993 issued by defendant No.1 i.e. Estate Office. It was further averred that the mother of the plaintiff died on 28/12/2011 without leaving behind a Will and, therefore, the property would devolve on all the seven legal heirs in equal proportions. During the pendency of the said suit, on 12/7/2013, the property was transferred in the name of Vijay Singh and Ravinder Kumar sons of late Balbir Singh, who are the petitioners herein. On 16/12/2014 a statement was made by the plaintiff-respondent No.1 herein which reads as under :

(3.) On the basis of the said statement the suit was dismissed as withdrawn with liberty to file afresh subject to legal provisions. Subsequently, the second civil suit was filed wherein the following prayers have been made :