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HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE GAJENDRA SINGH, J
Kusumbai – Appellant
Versus
Ganesh – Respondent
| Table of Content |
|---|
| 1. civil suit for partition (Para 2) |
| 2. application under order 7 rule 11 (Para 3 , 4) |
| 3. opposition to the application (Para 5) |
| 4. reproduction of order 21 rule 101 (Para 6) |
| 5. interpretation of 'any person' (Para 7 , 8) |
| 6. statutory provisions of order 21 (Para 9) |
| 7. third party rights in execution (Para 10) |
| 8. jurisdiction of executing court (Para 11) |
| 9. order set aside (Para 12) |
ORDER
01. This Civil Revision under Section 115 of the CPC , 1908 is preferred challenging the legality of order dated 08.02.2021 passed in RCSA No.5/2020 by the First Civil Judge, Class-II, Maheshwar, West Nimar (Annexure-1) whereby application of petitioner/defendant under Order 7 Rule 11 of the CPC (Annexure-4) has been rejected.
02. The facts of the case in brief are that the respondent/plaintiff Ganesh filed the Civil Suit through plaint (Annexure-2) for partition, declaration of title and permanent injunction regarding 0.729 RA of Survey No.26/2 Area 2.874 Hectare impleading the petitioners as defendant no.1 and 2 and respondent no.2 to 5 as defendant nos. 3 to 6.
03. The petitioners/defendants no.1 and 2 filed the application under Order 7 Rule 11(d) r/w section 151 of the CPC submitting that
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