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2012 Supreme(MP) 1090

AJIT SINGH, SANJAY YADAV
Prabha Jain – Appellant
Versus
Central Bank of India – Respondent


Advocates Appeared:
Appearances :Mr. Anand Kumar Jain, Advocate for the Appellant
Mr. Abhijit C. Thakur, Advocate for the Respondent Nos. 1 , 2.
None for the Respondent Nos. 3 , 4, though served Mr. S.P.S. Rai, Govt. Advocate for the Respondent No. 5.

JUDGMENT :

As per Ajit Singh, J. :-

This plaintiff's appeal is against the order dated 10-2-2012 passed by the 5th Additional District Judge, Bhopal, in Civil Suit No. 34-A/2011 whereby he has rejected the plaint under Order 7 Rule 11 of the Code of Civil Procedure.

2. The plaintiff's case is that the suit land was purchased by her late father-in-law vide sale deed dated 19-6-1967 and after his death on 15-8-2005, the same was inherited in equal shares by her late husband Mahendra Kumar Jain, husband's elder brother Sumer Chand Jain (defendant No. 4) and mother-in-law. After the death of Mahendra Kumar, his 1/3rd share was inherited by the plaintiff. But, Sumer Chand Jain without any partition amongst the heirs divided the land into several plots and illegally sold them to different persons. One such plot was also sold to Bhupendra Kumar Sakalle (defendant No. 3) vide registered sale deed dated 30-9-2008, who mortgaged the same with the Central Bank of India (defendant No. 1) for obtaining loan. Defendant No. 2 is an Authorised Officer of the Central Bank of India. The Authorised Officer in order to enforce the security interest has taken possession of the plot under Section 13 of the












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