MOHINDER SINGH KHEHAR Vs. MOHINDER KAUR AND ORS.

JUDGEMENT

(1.) Petitioner has filed this petition challenging the order dated 18.11.2014, whereby application moved by the petitioner under Order 7 Rule 11 of Civil Procedure Code, 1908 ("C.P.C. for short) for rejection of the plaint, was dismissed. While issuing notice of motion, following order was passed by this Court on 30.01.2015:-

(2.) I have heard learned counsel for the petitioner and respondent No. 1 and have gone through the record available on the file carefully.

(3.) Suit in question has been filed by respondent No. 1 against the petitioner and others for declaration to the effect that she was the owner of the property in question alongwith performa respondents No. 8 to 10 to the extent of their share. It has been averred by the respondent No. 1, in the plaint (Annexure P-10) that a fraud had been played by respondents No. 6 and 7. A suit was filed by Respondents No. 6 and 7 against the husband of respondent No. 1, who was residing in Canada by impleading Kulwant Singh as General Power of Attorney holder of her husband. Thereafter, petitioner got an ex parte decree in his favour. Case of the respondent No. 1 further is that her husband was living in Canada since the year 1975-76. Petitioner in collusion with his other brothers got the decree in his favour, although, husband of the respondent No. 1 had not received any summons qua the filing of the suit.