JUDGMENT

Rajbir Sehrawat, J. (Oral) - This is a revision petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 01.10.2021 passed by the Civil Judge (Junior Division), Dera Bassi (for short, the trial Court), vide which the application filed by the petitioners/defendant Nos.1 and 2 under Order 7 Rule 11 CPC was dismissed.

2. It is submitted by the counsel for the petitioners that the application filed by the petitioners under Order 7 Rule 11 CPC has wrongly been rejected by the trial Court. It is not even in dispute that the judgment and decree which are under challenge in the suit are dated 20.05.1986. The property, even as per the pleadings in the plaint are referred as ancestral/coparcenary property. At the time of the passing of the above said decree, respondent No.1/plaintiff was not having any locus standi qua the said property. She being a daughter got a right to be coparcener only w.e.f. 25.12.2004 as per the amendment in the Act.

3. However, as on that date, there was no property in any coparcenary as such. Hence, it is submitted by the counsel for the petitioners that on the date when the present suit is filed, the respondent