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2008 Supreme(Del) 1011

A.K.SIKRI, MANMOHAN SINGH
Sadhana Rai – Appellant
Versus
Bimla Rai – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Kailash Vasudev, Neeraj Kishan Kaul, Sr. Adv., Manik Dogra, Sonali Jaitley, Jayesh Bakshi, Vinod K. Shukla, Amit Kr. Singh, Karun Mehta and Shikha Sarin, Advs.
For Respondents/Defendant: Naveen Chawla and Sandeep Mittal, Advs.

Judgement Key Points

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JUDGMENT

A.K. Sikri, J.

1. The respondents No. 1 and 2 herein (Smt. Bimla Rai and Smt. Malvika Rai) are the co-plaintiffs, who have filed Suit No. 1158/2005 in this Court for partition and permanent injunction. The two appellants (Smt. Sadhana Rai and Sh. Vinay Rai) are impleaded as defendants No. 1 and 2 in that suit. The respondents No. 3 and 4 herein (Sh. Kulwant Rai and Sh. Anil Rai) are the defendants No. 3 and 4 in the said suit. The appellants (Smt. Sadhana Rai and Sh. Vinay Rai) think that the suit cannot proceed, as, according to them, the plaint requires outright rejection on as many as six grounds. Therefore, they moved an application under Order VII Rule 11 CPC pleading those grounds and seeking rejection of the plaint. However, the learned Single Judge has opined otherwise. He found no merit in any of the grounds raised on the basis of which it is pleaded by the appellants that there is no cause of action for filing the suit. Consequently, vide orders dated 30. 11. 2007, application of the appellants is dismissed as meritless. Not satisfied, the appellants have impugned that order in the present appeal.

2. Before we advert to the pleas raised in the application under O




















































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