LAWS(RAJ)-2013-10-52

KALU Vs. PRAKASH

Decided On October 30, 2013
KALU Appellant
V/S
PRAKASH Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 31.5.2013 passed by Additional District Judge No.2, Udaipur, whereby the application filed by the petitioners under Order VII, Rule 11 CPC has been rejected.

(2.) BRIEF facts of the case may be noticed thus : one Prakash and Miss Pushpa, minor children of late Paratiya filed a suit for cancellation of sale deed dated 26.6.2012 and permanent injunction, inter -alia against the petitioners through their uncle Amba Lal.

(3.) THE trial court after hearing the parties by the impugned order dated 31.5.2013 came to the conclusion that provision of Order XXXII, Rule 4 CPC does not require that the suit has to be filed by a natural guardian only and consequently, dismissed the application under Order VII, Rule 11 CPC filed by the petitioners.