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G.S.AHLUWALIA
Balram Bairagi – Appellant
Versus
Prabha Bai – Respondent
1. This civil revision under section 115 of CPC has been filed against the order dated 12.9.2018 passed by Third Civil Judge, Class-II, Ganj Basoda, District Vidisha in Civil Suit RCSA No. 47/2009, by which the application filed by the applicant under Order 7 rule 11 of CPC has been rejected.
2. The necessary facts for the disposal of the present revision in short are that the respondent No. 7 has filed a civil suit for declaration of title and permanent injunction. It is the case of the respondent No. 7 that he is the owner of the land bearing survey Nos. 346, 347, 348 and 349 ad-measuring 4.818 hectares, situated in village Jhilipura, Tahsil Gang Basoda, District Vidisha, however, the name of the Collector has wrongly been mutated as a Manager, as the said land was never allotted to the temple.
3. An application was filed under Order 7 rule 11 of CPC for rejection of the plaint on the ground that the plaintiff/respondent No. 7 has filed a suit in respect of the land, which is recorded in the name of Temple Mahadev Ji and in this temple slippers (Charan Paduka) of Guru Nanak and Shreechand have been kept. The suit land belongs to the deity and the suit by a deity without its
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