(1.) Heard the learned senior counsel for the defendants petitioners and the learned counsel for the plaintiff opposite party.
(2.) The defendants petitioners are aggrieved by the impugned order dated 04.10.2018, passed by the learned Sub Judge-I, Ranchi, in Misc. (Civil) Appeal No.241 of 2018, in Original Suit No. 368 of 2018, whereby, the application filed by them under Order VII Rule 11 of the C.P.C., was dismissed by the Trial Court below, stating that the application was not maintainable, as no case was made out by the defendants to reject the plaint under Order VII Rule 11 of the C.P.C., on the ground that the plaintiff was stranger to the family of the defendants and she had no cause of action for bringing the partition suit. Thus, rejecting the plea of the defendants, the suit was admitted.
(3.) The facts of this case lie in a short compass. The plaintiff, claiming herself to be the third wife of Late Delip Jerath, filed the suit for partition of the suit property, which she claimed to have been purchased by her father-in-law, Late Devi Dayal Jerath, in the name of his wife, Smt. Saroj Jerath, the defendant No.1 in the case. Both the suit property as detailed in the plaint, admittedly stand in the name of the defendant No.1, Smt. Saroj Jerath.