BASTIRAM Vs. SMT. AAPU

JUDGEMENT

(1.) The present revision petition has been filed by the petitionerdefendant (for short 'the defendant') under Sec. 115 CPC against the order dtd. 13/1/2022 passed by the Additional District Judge No.1, Ajmer in Civil Suit No.31/2021, titled as 'Smt. Aapu and Ors. Vs. Bastiram' whereby the trial court dismissed the application filed by the defendant under Order 7 Rule 11 read with Sec. 151 CPC.

(2.) Learned counsel for the defendant submits that the plaintiffs-respondents (for short 'the plaintiffs') filed a suit for declaration and cancellation of the will dtd. 12/8/2010 in which the defendant filed an application under Order 7 Rule 11 read with Sec. 151 CPC praying therein that the suit filed by the plaintiffs is time barred and no cause of action accrued to them for filing the suit but the trial court vide order dtd. 13/1/2022 wrongly dismissed the application filed by the defendant.

(3.) Learned counsel for the defendant further submits that earlier the plaintiffs had filed a suit before the Sub-Divisional Officer, Pisangan to the effect that they are the daughters of Late Shri Beeja and the properties mentioned in the suit were self acquired properties of Beeja. The Sub-Divisional Officer, Pisangan vide judgment and decree dtd. 22/10/2010 while dismissing the aforesaid suit, observed that without a declaration of the legal heirs, the plaintiffs cannot file the suit. They suppressed the said judgment and decree dtd. 22/10/2010 and got opened a mutation in their favour. On the application filed by the defendant, the said mutation was cancelled.