GUDDI AND OTHERS Vs. LALITA AND ANOTHER

JUDGEMENT

(1.) This revision petition filed by defendants No. 2 to 9 who claimed to be purchaser of the property, the sale regarding which was challenged in the suit.

(2.) The plaintiff/respondent herein had filed a suit claiming certain rights in the suit property; being legally wedded wife of defendant No. 1. It was pleaded in the plaint that defendant No. 1- husband of the plaintiff had sold this property just to defeat the rights of the plaintiff qua her interest in the property.

(3.) In the suit, the present petitioners filed an application under Order 7 Rule 11 of Code of Civil Procedure for the rejection of the plaint. However, vide impugned order, the Trial Court dismissed the application on the ground that cause of action was disclosed from the reading of the plaint since the plaintiff has claimed certain rights qua the suit property. The Trial Court has dismissed the application by saying that although the extent of rights of the wife is yet to be determined, which shall be done after evidence led by the parties, but she has definitely raised the claim qua the suit property. On the point of the court fees, the Trial Court has observed that without determining the extent rights of the plaintiff; the plaintiff cannot be compelled to affix ad valorem court fees.