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2013 Supreme(Raj) 506

ARUN BHANSALI
Kalu – Appellant
Versus
Prakash – Respondent


Advocates Appeared:
For the Petitioners:Suresh Shrimali, Advocate.

JUDGMENT :

Arun Bhansali, J.

This revision petition is directed against the order dated 31.5.2013 passed by Additional District Judge No.2, Udaipur, whereby the application filed by the petitioners under Order 7, Rule 11 CPC has been rejected.

2. Brief facts of the case may be noticed thus : one Prakash and Miss Pushpa, minor children of late Paratiya filed a suit for cancellation of sale deed dated 26.6.2012 and permanent injunction, inter-alia against the petitioners through their uncle Amba Lal.

3. An application was filed by the petitioners under Order 7, Rule 11 CPC, inter-alia with the allegations that Amba Lal has wrongly filed the suit as guardian of Prakash and Miss Pushpa and such suit was not maintainable as per provisions of Order 32 CPC as under the said provisions it is only the natural guardian, who can file the suit as next friend and plaintiffs' grand mother Gaindi Bai was still alive. Further averments were made that the suit could only be filed by the natural guardian or guardian appointed by the Court and third person cannot file a suit. It was also claimed that the plaintiffs have no cause of action and Amba Lal cannot question the sale and as such the suit was not


















































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