PARMESHWARI DEVI Vs. RAM NIVAS

JUDGEMENT

(1.) Both these petitions have been preferred challenging the order dtd. 21/6/2022 passed by Civil Judge, Sikar whereby and whereunder applications under Order 7 Rule 11 CPC filed by petitioner-defendants No.1 and 2 have been dismissed.

(2.) Learned counsel appearing on behalf of petitioner-defendants have made only one argument that the present civil suit has been instituted by Shri Ram Nivas through his power of attorney holder Smt. Manju Devi, who is his wife. He pointed out that from perusal of the power of attorney, it is clear that the properties for which the power of attorney has been executed by plaintiff-Shri Ram Nivas in favour of her wife Smt. Manju Devi do not include the suit properties detailed out in para 1 of the plaint, therefore suit has been filed by wife without proper authority. In support of his contention, learned counsel for petitioner-defendants has placed reliance on the judgment in case of Ganesh Parshad Aggarwal v. Sushila and Ors [2010(9)R.C.R (Civil) 358].

(3.) From perusal of plaint, in para No.1, plaintiff has mentioned the details of suit properties and in subsequent paragraphs, it has been pleaded that the suit property was of late Shri Bhagwana Ram and after his death same is joint between his two sons namely; plaintiff Ram Nivas and defendant No.2 Madan Lal Saini. The plaintiff has challenged the patta dtd. 28/9/2016 issued by the Nagar Parishad, Sikar in favour of defendant No.2-Madan Lal Saini and claiming it to be declared as null and void to the extent of half share of the plaintiff, the suit has been filed for declaration and permanent injunction.