JUDGMENT :

Jyotsna Rewal Dua, J.

Almost nine years after filing of the written statement, defendant No.1 moved an application under Order 7 Rule 11 (a, c and d) of the Code of Civil Procedure (CPC in short) for rejection of the plaint. The application was dismissed by the learned trial court on 8.8.2022, hence defendant No.1 has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

Petitioner was defendant No.1 before the learned trial court. He is father of the plaintiff (present respondent No.1). Parties hereinafter are being referred to as per their status before the learned trial court.

2. Facts :

2 (i). Plaintiff/respondent No.1 filed a civil suit on 17.3.2012 praying for a decree of declaration to the effect that suit property was Joint Hindu Coparcenary Property. Plaintiff had birthright in the same being a Coparcenar. Defendant No.1 alienated the suit property by executing gift/sale deeds. Declaration was accordingly sought that three sale deeds registered on 31.3.2004, 17.3.2011 and 17.3.2011, respectively along with gift deed registered