K.RAVIRAJA PANDIAN
Vasanthi Nelson – Appellant
Versus
Antony Nelson alias A. B. H. Nelson represented by power of Attorney – Respondent
Civil Revision Petition No.983 of 2005 is filed against the order dated 13.07.2005 allowing the application in I.A. No.1025 of 2004 in O.S. No.135 of 2004 on the file of the District Munsif, Udagamandalam, filed under Order XL Rule 1 of the Code of Civil Procedure for appointment receiver to take possession of the suit schedule property, manage the same and submit the accounts to the trial Court till the suit is disposed off. Civil Revision Petition No.1134 of 2005 is filed against the order dated 13.07.2005 dismissing the application in I.A. No.259 of 2005 as to the maintainability of the suit and consequently to reject the plaint under Order XIV Rule 2 (5) and Order VII Rule 11 read with Section 151 of the Code of Civil Procedure.
2. The necessary facts are as follows:
The respondent in both the revisions, is the husband, the plaintiff. The revision petitioner is the wife, the defendant. For the sake of convenience, the parties are hereinafter referred to as in the plaint. The plaintiff filed a suit in O.S. No.135 of 2004 seeking for a judgment and decree of declaration that he is the owner of the said property on the ground that he entered into an agreement on 10.02.1
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