RAM BELASH SINGH Vs. UTTAMRAJ SINGH

JUDGEMENT

(1.) THIS civil revision has been filed on behalf of defendant No. 2 - petitioner challenging order dated 10-9-2007 by which the learned Subordinate Judge, 3, Rohtas. rejected petitioner's petition under Order VII rule 11 of the Code of Civil Procedure filed in Title Suit No. 393 of 2006.

(2.) THE aforesaid suit was filed by plaintiffs-Opposite Parties 1st Set for declaration that sale deeds dated 24-7-2006 executed by defendant No. 1 in favour of defendant no. 2 was illegal, void, without any legal necessity, without consideration, without authority and not binding against the plaintiffs with respect to Schedule B land of the plaint and also for a decree of partition of their 3/4th share in Schedule A land of the plaint and for other ancillary reliefs.

(3.) DEFENDANT No. 2- petitioner, who happens to be the father of the plaintiffs-Opposite Parties 1st Set, filed his written statement asserting inter alia that the suit for partition filed by the daughters during the life time of their father for partition is not maintainable in view of the specific provisions of law. On the same ground defendant no. 2 filed a petition dated 7-8-2007 in the court below under the provision of Order vii Rule 11 (d) of the Code for rejection of the plaint claiming that the suit was barred by specific provisions of law. The said petition has been rejected by the learned Court below by impugned order dated 10-9-2007 against which the instant civil revision has been filed.