BHANWAR SINGH Vs. SHAITAN SINGH AND ORS.

JUDGEMENT

(1.) AGGRIEVED by the order dated 23.07.2010, passed by the Civil Judge (Junior Division), and Judicial Magistrate, First Class, Lalsot, District Dausa, whereby the learned Civil Judge has dismissed the petitioner's application under Order 7 Rule 11 CPC, the petitioner has challenged the same before this Court.

(2.) THE Brief facts of the case are that in 2009, the respondent, Shaitan Singh, filed a suit against the petitioner for permanent injunction claiming himself as adopted son of Late Padam Singh. On 26.03.2010, the petitioner filed his written statement and denied the contents made in the plaint. On 19.04.2010, the petitioner filed an application under Order 7 Rule 11 CPC for rejection of plaint on the ground that no 'will' was ever executed by late Padam Singh in favour of the respondent and respondent was never adopted by him as his son. On 01.05.2010, the respondent filed reply to the application. However, vide order dated 23.07.2010, the learned Judge has dismissed the said application. Hence, this petition before this Court.

(3.) HEARD the Learned Counsel for the petitioner and perused the impugned order.