Chattisgarh High Court
Fanendra Bhushan Sahu vs Ku. Garima Sahu & Ors on 27 July, 2016
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Civil Revision No.134 of 2014
Fanendra Bhushan Sahu S/o Shri Chainu Ram Sahu, aged
about 42 years, R/o B.S.P. Personal No.1416315,
Department of C.C.M, M.M.S. 02, Bhilai Steel Plant, Bhilai,
P.S.-Bhilai, Tahsil and District-Durg (CG), Civil and Revenue
District-Durg (CG)
---- Applicant
Versus
1. Ku.Garima Sahu D/o Fanendra Bhushan Sahu, aged about 23
years.
2. Bhumika Sahu D/o Fanendra Bhushan Sahu, aged about 21
years.
Both R/o Qtr No.3-A,, Road No.72, Sector 6, Bhilai Nagar, Tahsil
and District-Durg (CG)
---- Non-applicants
-----------------------------------------------------------------------------------------
For Applicant : Mr.A.K.Prasad, Advocate For Non-applicant No.3 : Mr.Sameer Behar, P.L.
-----------------------------------------------------------------------------------------
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 27/07/2016
1. Suit filed by plaintiffs Ku.Garima Sahu and Bhumika Sahu against their father Fanendra Bhushan Sahu sought to be dismissed by the defendant/applicant Fanendra Bhushan Sahu under Order 7 Rule 11 (d) of the CPC on the ground that suit is barred by the provisions of the Hindu Succession Act.
2. The trial Court by its impugned order rejected the application filed by the applicant under Order 7 Rule 11(d) of the 2 CPC.
3. Against which, the present civil revision has been filed.
4. After hearing learned countless for the applicant at length, I do not find any jurisdictional error in the order impugned. However, the liberty is reserved to the applicant to raise such plea in his written statement before the trial Court. If such plea is raised by the applicant, the trial Court would do well and frame such issue.
5. With the aforesaid observation, the civil revision stands disposed of.
Sd/-
(Sanjay K Agrawal) Judge B/-