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2023 Supreme(Raj) 556

MAHENDAR KUMAR GOYAL
Munni Bai W/o Shri Vishram Meena – Appellant
Versus
Vishram Meena S/o Shri Bhonri Lal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: D.K. Dixit.
For the Respondent: Brij Bhushan Ojha.

JUDGMENT :

MAHENDAR KUMAR GOYAL, J.

1. By way of this revision petition, the petitioner/defendant (for brevity “the defendant”) assails the legality and validity of the order dated 04.03.2021 passed by the learned Civil Judge Bamanwas, District Sawaimadhopur (for brevity “the learned trial Court”) dismissing an application filed by her under Order 7 Rule 11 CPC.

2. The relevant facts in brief are that the respondent/plaintiff (for brevity “the plaintiff”) filed a suit seeking a decree of dissolution of marriage solemnized in between the parties on the ground of cruelty wherein, the defendant moved an application under Order 7 Rule 11 CPC which has been dismissed by the learned trial Court vide order dated 04.03.2021, impugned herein.

3. Assailing the order, learned counsel for the defendant submitted that the present suit filed by the plaintiff was not maintainable inasmuch as his earlier two suits seeking decree of dissolution of marriage were dismissed by the learned Family Court at New Delhi. He, therefore, prays that the civil revision petition be allowed, the order dated 04.03.2021 be quashed and set aside and the application filed by her under Order 7 Rule 11 CPC be allowed.

4. Pe

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