N.K. Mody, J.

Shri Aravind Dudawat, Advocate for Petitioner.

Shri K.M. Mishra, Panel Lawyer, for Respondents No. 1 and 2.

Shri H.K. Shukla, Advocate, for Respondent No. 14.

Heard.

Being aggrieved by the order dated 16-6-2003 passed by Special Judge and Additional District Judge, Gwalior in Civil Suit No. 330-A/2000 whereby the application filed by applicant - Defendant under Order 7 Rule 11, CPC has been dismissed, present revision has been filed.

Short facts of the case are that Respondent No. 14 filed a suit against Petitioner and rest of the Respondents under Order 1 Rule 8, CPC wherein it was alleged that Respondent No. 14 is in occupation of the land admeasuring 70 x 40 feet bearing Survey Nos. 1250 and 1251 situated at village Bahodapur, opposite to Mental Hospital, Gwalior. It was alleged that on a part of the land admeasuring 15 x 20 feet two temples have been constructed and the rest of the property was covered by boundary wall. It was alleged that in the suit land there is no personal interest of Respondent No. 14. It was also alleged that proceedings were initiated u/s 248 of the M.P. Land Revenue Code and fine was imposed vide order dated 26-12-1994. In the circumstances