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2022 Supreme(MP) 1318

SHEEL NAGU
Raverant Jogi K. Mathew – Appellant
Versus
Charki Mother Late Kani – Respondent


Advocates Appeared:
Shri. Ashok Kumar Jain, Advocate, for the Appellant; Shri. Naveen Dubey, Government Advocate, for State.

ORDER

1. This civil revision filed u/S.115 of C.P.C. assails order dated 12.05.2017 (Annexure P/4) passed by Additional Civil Judge Class-2, Beohari, District Shahdol by which an application under Order 7 Rule 11 of CPC preferred by defendants/petitioner herein has suffered dismissal.

2. Learned counsel for the rival parties are heard on the question of admission as well as on final disposal.

3. Shri Ashok Jain, leaned counsel for the petitioner primarily contends that impugned order of learned trial Judge is essentially non speaking in as much as failing to consider the objection of defendants regarding court fee and limitation. In support of his contention, learned counsel for the petitioner relies upon 2010 (1) MPLJ 50 (Israt Jahan vs. Rajia Begum & Others) and order dated 01.11.2017 passed by Single Bench of this Court at Indore in Civil Revision No.88/2017 (Anita Jain vs. Dilip Kumar & Another).

4. In a suit instituted by non applicant No.1, 2 and 3 claiming a decree of title over 3/4th share of disputed property, seeking annulment of two sale deeds dated 04.012008 and 15.04.2008 and a presumptive decree of possession in case there is construction made by the defendants pendente l

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