SATYA NARAYAN SONI Vs. RAKESH

JUDGEMENT

(1.) Vide impugned order dtd. 9/1/2024 passed in Civil Case No.17/2020, the learned trial court has rejected the prayer of the petitioners to reject the plaint under Order VII Rule 11 CPC.

(2.) Respondent No.1 had filed the said suit for partition of the joint family ancestral property against his father and other co-sharers.

(3.) Learned counsel for the petitioners submits that the petitioners had specifically stated in their petition for rejection of plaint that the plaintiffs have no right to seek partition of the ancestral property allotted to the share of the father, during lifetime of the father. The petitioners have further raised that in fact the property was partitioned in the past, therefore, the suit was barred by res judicata.