I.A. No. 16744/2011(u/Order VII Rule 11 CPC by Defendant No. 1)

1. By this application the Defendant No. 1 seeks rejection of the plaint filed by the Plaintiff, the daughter of Defendant No. 1.

2. Learned counsel for the Defendant No. 1/applicant contends that the present suit, filed by the Plaintiff is not maintainable and is liable to be dismissed in view of Order VII Rule 11 (a), (b) and (d) CPC inter alia being barred by limitation, as no cause of action has accrued in favour of the Plaintiff and the condition precedent for invoking provisions of Order XXXII Rule 15 CPC has not been complied with. Further the Plaintiff has not valued the property correctly for the purposes of court fee and jurisdiction and relief of partition cannot be granted to the Plaintiff. The Plaintiff having admitted the mother to be the owner of the property cannot claim herself as co-sharer of the property. The plaint is an abuse of the process of the court. The Plaintiff has no right in the property. The suit filed by the Plaintiff is mala fide and vexatious, without cause of action and contradictory and inconsistence pleas have been taken.

3. The claim of the Defendant No. 1/applicant for the