Court No. - 9
Case :- CIVIL REVISION No. - 179 of 2018 Revisionist :- Amarwati (Since Deceased) And 9 Others Opposite Party :- Veena Bahl And 19 Others Counsel for Revisionist :- Kshitij Shailendra
Hon'ble Anjani Kumar Mishra,J.
Heard.
This revision is directed against the order rejecting an application under Order 7 Rule 11 CPC concealing an order.
The contention of counsel for the revisionist is that the suit as framed was barred inasmuch as the plaintiff is not in possession and the suit, as on date is one for declaration. Therefore, in the absence of any relief for possession, the plaint is liable to be rejected, The Court below has committed manifest illegality in failing to do so.
On a pointed query by the Court as to the averment in the plaint wherein the plaintiff has admitted to be out of possession over the property in suit, nothing of substance could be pointed out, except the address of the plaintiff in the array of the parties in the suit.
Under the circumstances, this Court does not consider it appropriate to interfere with the order impugned.
An issue in this regard may be got framed to be decided while deciding the suit finally.
Subject to the above, this revision is dismissed.
Order Date :- 13.9.2018 Priyanka Digitally signed by ANJANI KUMAR MISHRA Date: 2018.09.13 17:40:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad