Nakki Devi, W/o. Lal Chand vs Rohit Bhatara, S/o. Late Shri Naresh Bhatara

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Raj) 585

MADAN GOPAL VYAS
Nakki Devi, W/o. Lal Chand – Appellant
Versus
Rohit Bhatara, S/o. Late Shri Naresh Bhatara – Respondent

Advocates Appeared:
For the Petitioner: Mr. Nitin Trivedi.
For the Respondent: Mr. Nishank Madhan.

JUDGMENT :

Madan Gopal Vyas, J.

The present civil revision petition under Section 115 CPC has been preferred by the petitioner-defendant against the order dated 08.03.2016 passed by learned Civil Judge & Judicial Magistrate, Bikaner in Civil Original Suit No.57/2016, whereby learned trial Court has rejected the application preferred by petitioner-defendant under Order 7 Rule 11 CPC to the extent of questioning the maintainability of suit before the learned civil Court.

2. The facts, in brief, are that the respondent-plaintiff No.1 herein preferred a civil suit seeking cancellation of sale deed dated 15.10.1997 in favour of petitioner-defendant herein and respondent Nos.2 & 3 and also the sale-deed dated 03.08.2010 in respect of agricultural land measuring 52 Bighas 7 Biswa situated at old Khasra No.272/1 & 274 in village Nal Badi, Tehsil and District- Bikaner (hereinafter referred to ‘suit property’) in the name of Smt. Shanti Devi W/o. Amar Chand who is grand-mother of the plaintiff. In the suit, it was stated that the grand-mother of the plaintiff died in the year 1994, and therefore, she could not execute the sale-deed in favour of the petitioner-defendant and respondent Nos.2 & 3