AMBA LAL Vs. JUGAL KISHORE

JUDGEMENT

(1.) BY the impugned order dtd.14.1.2011 passed by the learned Additional Dist. Judge (Fast Track) No.5, Udaipur in Civil Original Case No.115/2009, the defendant's application under Order 7 Rule 11 C.P.C. has been rejected by the learned trial Court.

(2.) THE learned counsel for the petitioner - defendant submitted that the plaintiffs had claimed partition during the life time of their father which suit was clearly barred. He relied upon the decision of Hon'ble Supreme Court in the case of Commissioner of Wealth Tax V/s Chander Sen reported in AIR 1986 SC 1753.

(3.) ACCORDINGLY, this revision petition is allowed and the impugned order dtd.14.1.2011 is set aside and the learned trial Court is directed to decide the said application under Order 7 Rule 11 C.P.C. afresh. No order as to costs.