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2018 Supreme(All) 2563

RAJIV JOSHI
Kumari Reeta – Appellant
Versus
Vivek Kumar Singh – Respondent


Advocates Appeared:
For the Appellant : Atul Kumar Srivastava
For the Respondents: A.K. Shukla and Krishnaji Khare

JUDGMENT :

Rajiv Joshi, J.

1. Heard Sri Atul Kumar Srivastava, learned counsel for the appellant and Sri A.K. Shukla, Advocate holding brief of Krishnaji Khare for the respondents.

2. The present second appeal has been filed by the plaintiff-appellant challenging the judgment and decree dated 6.8.2018/20.8.2018 passed by the Additional District Judge/F.T.C. Court No. 2 Ghazipur whereby the Civil Appeal No. 50 of 2017 field by the appellant has been dismissed and the decree of the trial Court dated 25.9.2017 rejecting the plaint under Order 7 Rule 11 (d) of the Code of Civil Procedure, has been affirmed.

3. The fact as reflect from the record are that the plaintiff-appellant filed a suit for cancellation of sale-deed executed by her mother Smt. Mewati Devi on 9.12.2013 (registered on 10.12.2013) in favour of the defendant-respondent first set i.e. defendant Nos. 1 to 3 It was stated in the plaint that admittedly Gorakh father of the plaintiff, was recorded 'bhumidhar' of the land in suit who died on 16.1.2010. After his death, his widow Mewati, defendant second set, applied for mutation which was allowed by the concerned Tahsildar vide order dated 22.2.2010 and her name was recorded in

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