The petitioners have filed present civil revision under section 115 of Code of Civil Procedure, 1908 ( in short "CPC") being aggrieved by the impugned order dated 12/05/2023 whereby application filed under Order 7 Rule 11 read with section 8 of Hindu Succession Act, 1956 filed by the petitioner / defendant has been dismissed by the trial Court.

2. Brief facts of the case are that respondent/plaintiff has filed a suit for declaration of title and permanent injunction against the petitioner / defendant.

During pendency of civil suit, the petitioner preferred an application under Order 7 Rule 11 read with section 8 of Hindu Succession Act, 1956 by stating that the disputed land is personal property, therefore, during life time of respondent nos. 1 and 3 who are daughter-in-law and son have no right claiming title over the suit property, but after hearing both the parties, the trial Court has dismissed his application. Being aggrieved by the same, the petitioner has preferred present civil revision before this Court.

3. Learned counsel for the petitioners/defendants submits that the impugned order passed by the trial Court is bad in law and it suffers from patent illegality. The tria