- (1.) The present revision petition has been preferred against the order dated 12.05.2016 passed by the learned Civil Judge (Jr. Division), Faridabad, vide which the application moved by the petitioner under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short 'CPC) has been dismissed.
(2.) Learned counsel for the petitioner contended that the suit filed by the plaintiff-respondent was not maintainable. He contended that the land in question was initially in the name of Jai Chand, the father of the plaintiff who was recorded as a Gair Marusi in the revenue record. Deceased-Jai Chand left behind his widow wife-Smt.Birwati, who further alienated the suit property in favour of Sube Ram vide general power of attorney. He further alienated the property in favour of the applicants vide sale deed dated 10.04.1999. He further contended that plaintiff-respondent has no concern with the suit land nor has any right to file the suit as per the provisions of Section 5 and 59 of the Punjab Tenancy Act, 1887. Thus, he contended that the suit of the plaintiff is barred by law and plaint is liable to be rejected under Order 7 Rule 11 CPC.
(3.) I have duly considered the aforesaid contentions.;