JUDGMENT - SINHA D.D., J.:---Heard Shri Vyawahare, learned Counsel for the appellant. The Counsel for the respondents is absent.

2. The appeal against order is directed against the order dated 25-4-1995 passed by the 4th Joint Civil Judge, Senior Division, Nagpur below Exhibit 62 in Special Civil Suit No. 436/1992 whereby application moved by the appellant under Order XXXIX, Rule 11 of Code of Civil Procedure for striking out defence of the respondents came to be rejected.

3. Shri Vyawahare, learned Counsel for the appellant, states that appellant Smt. Asha w/o Madhusudan Joshi filed Special Civil Suit No. 436/1992 for partition and separate possession and claimed 1/10th share in the suit property. It is contended that present respondent No. 1 Ashok H. Bhide is brother of the appellant (plaintiff). Respondent No. 2 Smt. Sumitra is wife of respondent No. 1. Respondent No. 3 Ashutosh is son of respondent Nos. 1 and 2. The respondent No. 4 Smt. Anuradha Huddar is a partner is M/s. Saket Builders and respondent Nos. 5 to 7 are sisters of the appellant/plaintiff.

4. It is further contended by the learned Counsel for the appellant that the appellant along with suit filed an application u

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