MANISHA MANJHI @ MANISHA MUKHERJEE Vs. NIRMALA DEVI

JUDGEMENT

(1.) The petitioner, who is the opposite-party in J.B.C. Case No.15 of 2016, is aggrieved of order dated 18.06.2018 passed in J.B.C. Revision Case No.25 of 2016 and order dated 06.05.2016 passed in J.B.C. Case No.15 of 2016 by which her application under Order VII Rule 11 CPC has been rejected.

(2.) Plea taken by the petitioner is that J.B.C. Case No.15 of 2016 is barred by res-judicata and therefore the plaint is liable for rejection, and it so also on the ground that no cause of action has been disclosed in the plaint.

(3.) Briefly stated, J.B.C. Case No.47 of 2015 was instituted by Smt. Nirmala Devi claiming herself absolute owner of the building which consists of residential house and the shops, constructed over Khata No.172, Plot No.86 at Morabadi, Ranchi. The suit was instituted on the ground of personal necessity of the plaintiff for eviction of the defendant-Chinmoy Mukherjee. The plaintiff pleaded that the suit land, which was the self-acquired property of Ram Sevak Lal who has executed a registered WILL in favour of the plaintiff, after death of the testator on 23.07.1990 became her property by virtue of the order dated 10.12.2012 passed in Probate Case No.147 of 1990. The defendant filed an application for leave to defend in which he has asserted that the suit was instituted against a wrong person and that he is not in occupation or possession of the tenanted house [para-5]. He filed an application under Order VII Rule 11 CPC reiterating his stand that he is neither the tenant nor in occupation of the building in question rather, his wife namely, Manisha Manjhi @ Manisha Mukherjee is the one in whose occupation is the building in question and, therefore, the plaint was liable to be rejected under Order VII Rule 11 CPC. In paragraph no.8 of his application under Order VII Rule 11 CPC, he has claimed that he is not a tenant under the plaintiff and the plaintiff is not the landlord. In J.B.C. Case No.47 of 2015, the plaintiff filed an application under Order VI Rule 17 CPC for amendment in the plaint and an application under Order I Rule 10 r/w Section 151 CPC for addition of Manisha Manjhi @ Manisha Mukherjee as a party in the suit.