JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 16.2.2018 passed by the learned District Judge, Cuttack in C.R. No.08 of 2017. By the said order, learned District Judge dismissed the revision and confirmed the order dated 22.06.2017 passed by learned Civil Judge (Sr. Divn.), 1st Court, Cuttack in C.S. No.888 of 2016, whereby and whereunder learned trial court has rejected the application of the defendant no.1 to reject the plaint under Order 7 Rule 11 CPC.

2. Plaintiff-Opposite party no.1 instituted the suit for partition, repurchase of schedule 'B' property and permanent injunction. Briefly stated, case of the plaintiff is that the suit property is the ancestral residential house, homestead and cultivable land of the plaintiff. The dispute arose first time on 15.8.2016 when he came to know that Ratha Bhatta, predecessor-in-interest of defendant nos.5 and 6, had executed a registered sale deed on 01.01.1974 in favour of Labanya, husband of defendant no.1, in respect of schedule 'B' property. Ratha Bhatta had no exclusive right to sell the same in favour of a stranger. No consideration was passed. Notwithstanding the transfer by Ratha Bhatta, the suit property is the