JUDGMENT :

1. This revision is directed against the order dated 9-9-2010 passed in Civil Suit No. 72-A/2010, by which the Second Civil Judge Class-II, Gadarwara, District Narsingpur rejected the application of the petitioner/ defendant No. 1 under Order 7, Rule 11 of the Code of Civil Procedure.

2. Brief facts giving rise to filing of this revision are that the respondent No. 1 filed the suit alleging that the petitioner/defendant No. 1 is his real nephew, being son of the elder brother of respondent No. 1. Since the marriage of the respondent No. 1 had taken place at a later stage, and he was not having any issue at the relevant time, he purchased certain land benami on the name of the petitioner vide registered sale deed dated 21-4-1982. The entire sale consideration was paid by respondent No. 1 and he was put in possession. Only the name of the petitioner was recorded as purchaser benami. It is further contended that the land in other village was also purchased in the same manner benami by a registered sale deed dated 25-10-1983, though the entire sale consideration by the respondent. The petitioner got the name mutated over the land in suit 2-3 years back, after attaining the maj