JUDGMENT:- This is an appeal by plaintiff whose plaint was rejected under order 7, Rule 11 of Civil Procedure Code.

2. Facts shorn of details are as under.

The parties shall be referred to as plaintiff and defendants. Plaintiff is the son of defendant No.1. Defendant No.2 is also the son of defendant No.1 while defendants 3 and 4 are sons of defendant No.2 and defendants 5 to 7 are the daughters of defendant No. 1. The plaintiff submits that the suit property originally belonged to his grand father Patiram. After his death the property came in the hands of his father defendant No. 1. He submits that it is, therefore, an ancestral joint family property. The plaintiff has therefore acquired interest in the property along with defendants 1 to 7. Plaintiff requested the defendants to affect a partition but they avoided. On the other hand defendant No.1 executed gift deed in favour of son of defendant No.2 and also in favour of defendants 5 to 7. He executed those gift deeds on 16-03-04. It is contended that defendant No.1 has only l/7th share in the suit property and therefore he was not competent to gift the entire property to defendants 3 to 7. Gift deeds according to plaintiff are th

Click Here to Read the rest of this document