Order on Board

05.02.2024

1. This Civil Revision has been filed against the order dated 16.10.2023 passed by the 3rd Additional Judge to the Court of 1st Civil Judge, Class-II, Raipur in Civil Suit No.392-A/2018 whereby, the application filed by the Applicants/Defendant under Order 7 Rule 11 CPC seeking rejection of the Plaint, was dismissed.

2. Brief facts of the case are that Non-Applicant No.1/Plaintiff has preferred a Civil Suit seeking partition and possession of the property of his share as also declaration of judgment and decree dated 27.11.2008 passed in Civil Suit No.18-A/2007 as null and void being the purchaser of the said property as brother of Applicant/Defendant No.1 namely Ramcharan Bharti had executed sale deed dated 29.05.2000 in his favor. Applicant/Defendant No.1-Smt Ganga Bai had filed a Civil Suit bearing No.18-A/2007 challenging the aforesaid sale deed executed in favor of Non-Applicant No.1/Plaintiff on 29.05.2000 on the ground that the suit property is the ancestral property and her brother has no absolute right to transfer the entire property as the said suit was decreed in her favour and it was declared that sale deed to the extent of half of the share is bi