KALYAN Vs. OM PRAKASH SHARMA

JUDGEMENT

(1.) This civil revision petition has been filed by the petitioners- defendant Nos. 1 and 2 and 4 to 11 (for short 'the defendants') under Sec. 115 of the CPC against the order dtd. 3/12/2024 passed by Additional District Judge, Phagi, District Jaipur (for short 'the trial Court') in civil suit No. 09/2024 titled as "Omprakash Sharma Vs. Kalyan and Ors.", by which the trial Court dismissed the application filed by the defendants under Order VII Rule 11 CPC.

(2.) Learned counsel for the defendants submits that respondent No. 1-plaintiff (for short 'the plaintiff') filed a civil suit under Order VII Rule 1 CPC for declaration of will dtd. 8/8/1962, sale deed dtd. 17/6/1971 and gift deed dtd. 19/9/1974 as null and void, as well as subsequent sale deed dtd. 24/3/2005, will dtd. 22/4/2006 and two relinquish deed dtd. 2/5/2011 and gift deed dtd. 9/11/2020 as null and void and permanent injunction against the defendants and proforma respondents in which defendants filed an application under Order VII Rule 11 CPC but the trial Court vide order dtd. 3/12/2024 wrongly dismissed the application filed by the defendants.

(3.) Learned counsel for the defendants also submits that the plaintiff had knowledge about will dtd. 8/8/1962 because in relation to said will, Smt. Gulab Devi had lodged an FIR No. 82/1975 in Police Station Bagru, in which statement of plaintiff was recorded during the course of the investigation. In mutation proceedings, took place before Tehsildar, Fagi the plaintiff appeared as the Power of Attorney Holder of Smt. Gulab Devi. Therefore, the plaintiff wrongly mentioned in the plaint that cause of action accrued on 20/10/2023.