JUDGMENT

Alka Sarin, J. (Oral)

The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 12.09.2019 passed by the Trial Court whereby the application under Order 7, Rule 11 CPC filed by the defendant-petitioners has been dismissed.

2. The brief facts relevant to the present lis are that the respondent No.1 filed a suit on 02.04.2013 for declaration to the effect that the plaintiff-respondent No.1 being daughter and Class-I legal heir of late Smt. Shanti Devi, widow of Balbir Singh Marwaha, was entitled to the estate of Smt. Shanti Devi w/o Late Sh. Balbir Singh Marwaha to the extent of 1/7th share and further for a mandatory injunction directing the defendant No.1 therein to transfer the estate left behind by the deceased Smt. Shanti Devi in the name of the plaintiff to the extent of 1/7th share as also for permanent injunction. In the suit, in para No.3 of the plaint, an averment was made that House No.3093, Sector 21-D, Chandigarh (RP No.3433) was transferred in the name of mother of the plaintiff, namely, Smt. Shanti Devi, vide office letter No.3233 RP/3433 G-1 dated 01.03.1993 issued by defendant No.1 i.e. Estate Office. It was further averred that the mother of the plaintiff died on 28.12.2011 without leaving behind a Will and, therefore, the property would devolve on all the seven legal heirs in equal proportions. During the pendency of the said suit, on 12.07.2013, the property was transferred in the name of Vijay Singh and Ravinder Kumar sons of late Balbir Singh, who are the petitioners herein. On 16.12.2014 a statement was made by the plaintiff-respondent No.1 herein which reads as under :

"Statement of Smt. Shashi Kangra, w/o Sh. Roshan Lal Kangra, R/o #1279, Sector 44-B, Chandigarh.

Since during the pendency of my present suit, the Estate Officer, Chandigarh has passed order No.48287, dated 12.07.2013 transferring House No.3093, Sector 21-D, Chandigarh in favour of my two brothers Vijay Singh and Ravinder Kumar. Hence no useful purpose will be served if present is allowed to continue. I want to challenge above order of Estate Officer by filing civil suit hence permission may kindly be granted to me to file fresh suit on the said cause."

3. On the basis of the said statement the suit was dismissed as withdrawn with liberty to file afresh subject to legal provisions. Subsequently, the second civil suit was filed wherein the following prayers have been made :

"Civil suit for declaration to the effect that unregistered will dated 24.04.1989 as alleged to be executed by late Sh. Balbir Singh Marwaha S/o Late Sh. Gulab Singh in respect of House No.3093, Sector 21-D, Chandigarh is outcome of fraud and is illegal, null and void in the eyes of law and is liable to be set aside.

Further suit for Declaration to the effect that transfer letter dated 12.07.2013 issued by defendant No.1 in favour of defendant No.2 and 3 is null and void and has not been issued in accordance with the procedure as prescribed under the law.

Further the suit for Declaration to the effect that plaintiff is entitled to inherit the 1/7th share out of the Estates left by late Sh. Balbir Singh Marwaha S/o Gulab Singh and Smt. Shanti Devi w/o late Balbir Singh Marwaha being her class-I legal heir.

Further the suit for Mandatory injunction directing the defendant No.1 to transfer the Estates left by late Sh. Balbir Singh Marwaha S/o Gulab Singh and Smt. Shanti Devi w/o late Sh. Balbir Singh Marwaha in the name of the plaintiff being their Class-I legal heirs to the extent of 1/7th share.

Further suit for permanent injunction restraining the defendants from a