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2022 Supreme(MP) 754

RAJEEV KUMAR SHRIVASTAVA
MAHESH MANGAL – Appellant
Versus
SHRIBHAGWAN MANGAL – Respondent


ORDER : – The present civil revision under section 115 of Code of Civil Procedure has been preferred by petitioner-defendant No. 1 challenging the order dated 25-3-2021 passed by Fourth Civil Judge, Class-II, Morena in RCSA.32 of 2021; whereby, the application filed by petitioner along with co-defendant Nos. 4 and 5 under Order 7, Rule 11 read with section 151 of Civil Procedure Code has been rejected.

2. Facts giving rise to present revision, in short, are that respondent No. 1-plaintiff filed a suit for permanent injunction pleading therein that a power of attorney dated 19-12-1998 was executed jointly in favour of petitioner and defendant No. 2 be declared null and void. It is pleaded that the respondent No. 2 be directed not to sell the share of his property. Although the power of attorney was jointly executed by respondent No. 1 and 3 to 10 and three other persons in favour of the petitioner and respondent No. 2 which was signed by all of them in the office of Sub Registrar, Morena but after service of notice, the petitioner and respondents No. 4 and 5 appeared and filed a joint application under Order 7, Rule 11 of the Civil Procedure Code for rejection of plaint on the groun

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