[2025:RJ-JD:42064]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Revision Petition No. 15/2022 Jugal Kishore S/o Late Sh. Dwarka Prasad, Aged About 45 Years, R/o Gautam Sales Agency Sadar Baazar, Panchariya Market, Nokha, Bikaner.

----Petitioner Versus Radheyshyam S/o Late Sh. Gopikishan Panchariya, R/o Panchariyon Ka Chowk, Nokha Presently Residing At D-28 Jawahar Nagar, Bikaner.

----Respondent For Petitioner(s) : Mr. Muktesh Maheshwari For Respondent(s) : -

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/09/2025

1. The instant revision petiton has been preferred giving challenge to the order dated 13.08.2021 passed by the learend Additional District Judge No.4, Bikaner in Civil Suit No.31/2021, whereby the application filed by the petitoner under Order 7 Rule

11 of the CPC has been rejected.

2. Bereft of unnecessry details, facts essential for disposal of the instant revision petiton are that the respondent-plaintiff filed a civil suit for cancellation of will dated 08.06.2014 with some ancillary reliefs. The petitioner-defendant moved an application under Order 7 Rule 11 of the CPC mainly on the grounds that:

(A) Before filing of the suit for specific performance of contract, the