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2019 Supreme(Pat) 2184

S. KUMAR
Onkarnath Singh Patel @ Akaranath Singh – Appellant
Versus
Padmavati Devi @ Rajpati Devi – Respondent


Advocates Appeared:
For the Petitioners: M/s Parth Gaurav, Aushu Raj Singh, Shambhavi Shankar, Subash Chandra Mishra.
For the Respondents: Mr. Om Prakash Upadhyay.

S. Kumar, J. – Heard parties.

2. This civil revision has been filed on behalf of the defendants/petitioners against the order dated 12.03.2019 passed by learned Sub-Judge-VIII, Kaimur, Bhabhua in title Suit No.1084/2017 by which an application of the defendants under order VII Rule 11 of the CPC to reject the plaint has been dismissed.

3. Plaintiffs-opposite parties have filed a suit for partition of the suit land on the ground that they are descendants of original title holder late Bechan Singh. Defendants-petitioners appeared in the suit and filed their written statement and stated that the father of the parties had died prior to coming of Hindu Succession Act, 1956 way back in 1955 as such plaintiffs have no right in the property of late Bechan Singh and all properties acquired by late Bechan Singh devolved upon defendants by succession. It has been stated in the plaint that there has been a previous partition with respect to same suit land in a permanent Lok Adalat, however, in said partition in which Award was prepared dated 07.09.2011, plaintiffs were not the parties and the partition took place between son of late Bechan Singh and wife of other defendants, as such, said award

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