METHU Vs. LATE LEEMCHAND

JUDGEMENT

(1.) This civil revision under Sec. 115 of Code of Civil Procedure, 1908 (in short "CPC") has been filed being aggrieved by the impugned order dtd. 29/9/2021 passed by the Civil Judge, Junior Division, Jobat, District- Alirajpur (M.P.) in Civil Suit No.5- A/2019 whereby an application under Order 7 Rule 11 of CPC filed by the petitioners/plaintiffs has been dismissed.

(2.) The brief facts of the case are that the petitioners/plaintiffs have filed a suit before the learned trial court for declaration and removal of unauthorised construction and taking possession of the house and agricultural land and for permanent injunction against the respondents with a prayer to quash the mutation order dtd. 7/4/1992 of Tahsildar, Chandra Shekhar Azad Nagar (Bhabhara), District-Alirajpur (M.P.) and to declare the petitioners as owner of the disputed agricultural land.

(3.) After service to respondent No.1, he appeared before the Trial Court and submitted his written statement on 19/6/2019 and thereafter, issues were framed and subsequently, the petitioners submitted an affidavit under Order 18 Rule 4 of CPC of their witnesses. In the meantime, respondent No.1 died on 24/8/2019 thereafter, the legal heirs of respondent No.1 as respondent Nos.2 to 11 were brought on record. The legal representatives of respondent No.1 filed a counter claim on 15/6/2021 after a delay of 2 years and also filed an application for temporary injunction against the petitioners. After submission of aforementioned counter claim, the petitioners/plaintiffs filed an application under Order 7 Rule 11 of CPC before the trial court and prayed for quashing the counter claim filed by the legal representatives of the respondent No.1, however, the trial court has dismissed the said application by the impugned order. Against which, the present civil revision has been filed before this Court.