Point of Law: Order 7, Rule 14 of C.P.C. which provides for production of document.

JUDGMENT :

This matter is listed for admission. I have heard the learned counsel for the petitioners and learned counsel for the respondent Nos.1 and 2.

2. This revision petition is filed challenging the order dated 04.07.2019 passed on I.A.No.2 in O.S.No.4909/2018 on the file of the II Additional City Civil Judge, Bengaluru, dismissing I.A.No.2 filed under Order 7, Rule 11 read with Section 151 of C.P.C. rejecting the suit.

3. The plaintiff has filed the suit for the relief of partition before the Trial Court to grant judgment and decree for partition and separate possession of the plaintiff 1/3rd share each in all the properties i.e., item Nos.1 to 3 and also sought for mesne profits under Order 20, Rule 18 and further sought to declare that gift deed dated 28.02.2002 is not binding on the plaintiff.

4. The defendant Nos.1 and 2 filed an application under Order 7, Rule 11 read with Section 151 of C.P.C. contending that the plaintiff has suppressed the material facts and she has absolutely no right, title and interest over the suit schedule properties and she prayed for decree of partition and separate possession and declare that gift deed dated 28.02.2002 is not binding on her. It is contended that, as per the plaint averments, the schedule properties are self-acquired properties of deceased K. Ashwathama but, none of the properties are available for partition. It is also contended that deceased K. Ashwathama had alienated all the properties standing in his name. Hence, the plaintiff is not entitled for any relief and there is no cause of action to file the suit. It is contended that item No.3 of the suit schedule properties is self-acquired property of defendant No.2. He has purchased the same under registered sale deed dated 03.01.1991 and hence, the suit of the plaintiff is not maintainable. It is also contended that on 29.01.2007 itself, he had sold the item No.2 property in favour of defendant Nos.5 and 6 and item Nos.1 and 2 are self acquired properties of deceased K. Ashwathama and during his life time, he sold the said properties and he gifted the item No.1 of the property in favour of his wife i.e., defendant No.1.

5. The plaintiff has filed the objection statement contending that, in order to avoid definite share in the suit schedule properties, the defendant Nos.1 and 2 have colluded with each other and created several documents. Even though the defendants are aware of the fact that the plaintiff is the daughter and her mother is the only legally wedded wife of deceased K. Ashwathama, they illegally withdrawn the deposit amount in the name of deceased K. Ashwathama. The plaintiff is entitled for her legitimate share in all the movable and immovable properties and deposits belonging to the deceased K. Ashwathama and the defendants have denied the relationship of plaintiff with deceased K. Ashwathama. It is also contended that, in respect of item No.2 of the suit schedule properties, the deceased K. Ashwathama and his two sons had sold the said property in favour of defendant Nos.5 and 6 and the deceased K. Ashwathama had no exclusive right to deal with the share of plaintiff in the suit schedule properties. Hence, the application requires to be dismissed.

6. The Trial Court, having considered the pleadings of the defendants as well as the plaintiff, formulated the point whether the defendant Nos.1 and 2 prove that the plaint presented by the plaintiff is liable to be rejected under Order 7, Rule 11 of C.P.C.

7. Having considered the grounds urged by learned counsel for both the parties, the Trial Court having considered the same in Para No.11 discussed in detail with regard to the averments made in the plaint and the relief sought in the plaint and also with regard to the relationship what she has urged in the plaint. Having considered the contention of the plaintiff that she is the only daughter of deceased K. Ashwathama and the deceased K. Ashwathama had no right to alienate the right of the plaintiff in respect of suit