1. - This revision petition is directed against order dated 13.2.2012 passed by the Additional District Judge, Nimbahera in Civil Suit No. 36/2008, whereby an application preferred by the petitioner/defendant under Order 7, Rule 11 of C.P.C. stands rejected.

2. The respondent/plaintiff preferred a suit inter alia against the petitioner/defendant for declaration, partition, cancellation of sale deed and permanent injunction in respect of agriculture land ad measuring 38 bighas 6 biswas comprising Khasra Nos. 191, 684, 724, 18 and 733 of revenue village Pipalwas. It is alleged that the said land was khatedari land of Hazari, the father of plaintiff-Sint. Jhamku, defendant No. 3-Shambhu and defendant No. 4- Shanker. The defendant No. 1-Pratapi, the petitioner herein, who is widow of elder brother of deceased Hazari sold one half portion of 6 bighas and 10 biwas land comprising Khasra No. 18 vide registered sale deed dated 24.1.2008 in favour of defendant No. 2-Smt. Shanti Bai. It is averred that the defendant No. 1, the petitioner herein, had no right whatsoever to sale the land inherited by the plaintiff, the respondent No. 1 herein, and his brothers Shambhu and Shanker, the