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2014 Supreme(Raj) 871

BELA M.TRIVEDI
Pyare Lal – Appellant
Versus
Sona – Respondent


Advocates:
For the Petitioner:N.K. Tiwari, Advocate.
For the Respondent No. 1:Prahlad Sharma, Advocate.

JUDGMENT

1. - The present revision petition filed by the petitioners-defendants under Section 115 of CPC is directed against the order dated 20/2/2013 passed by the Civil Judge (Senior Division), Fatehpur Shekhawati, District Sikar (hereinafter referred to as 'the Trial Court') in Civil Suit No. 78 of 2003, whereby the Trial Court has dismissed the application filed by the petitioners-defendants for rejection of the plaint under Order 7, Rule 11 (d) of CPC.

2. The facts in nutshell are that the respondent No.1-plaintiff has filed the suit before the Trial Court seeking declaration to the effect that the decree dated 30/09/1991 passed by the S.D.O., Fatehpur Shekhawati in Revenue Suit No. 127/1991, having been obtained by exercising the fraud was null and void, and seeking declaration that the plaintiff had 1/2 shares in the agriculture lands in question and for permanent injunction. It has been alleged in the plaint inter-alia that the petitioners-defendants had no right, title or interest in the agriculture lands in question, however, the Revenue Suit No.127 of 1991 was got decreed in their favour by committing the fraud and forgery, and they also got the mutation entries done in r









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