JUDGMENT :

Arun Bhansali, J.

1. This appeal under Section 96 CPC is directed against the judgment dated 20/10/2014 passed by the District Judge, Jodhpur (Metro), whereby, the plaint filed by the appellant has been rejected under the provisions of Order VII Rule 11 CPC.

2. The suit was filed by the appellant for declaration of rights, getting the sale deed declared as void, partition and permanent injunction. It was inter alia indicated in the plaint that Rawat Ram, who was resident of village Pal, Tehsil and District, Jodhpur has died, the plaintiff and defendants No. 1 to 15 are legal representatives of deceased Rawat Ram; an ancestral agricultural land was situated in Khasra No. 215 ad measuring 22 Bigha 5 Biswa at village Pal, which was recorded in the name of Rawat Ram in the revenue records. Rawat Ram had three sons-Moola Ram, Gorakh Ram and Pratap Ram @ Patta Ram. After death of Rawat Ram, the land comprised in Khasra No. 215 was recorded in the name of his two sons-Gorakh Ram and Pratap Ram, which was mutated on 17/5/1971.

3. The said mutation was challenged by Moola Ram s/o. Rawat Ram by filing appeal, which appeal was allowed on 22/5/1995, whereby, the mutation dated 17/5/1971