Guleshwar Devi @ Gayatri Devi v. Devendra Prasad Singh And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14849 of 2013 ====================================================== Guleshwar Devi @ Gayatri Devi W/O Sri Lata Singh Resident Of VillageBathani, P.O- Bathani, P.S- Namachak Bhathani, District-Gaya., At Present Resident Of Mohalla- Patel Nagar (Rajgir), P.S- Rajgir, P.O- Rajgir, DisttNalanda. .... .... Petitioner
Versus
1. Devendra Prasad Singh S/O Sri Lala Singh Resident Of Village Bathanir, P.O- Bathani, P.S- Nimachak, Bathan, District- Gaya., At Present Resident Of Village- Sabalpur, P.S- Rajgir, P.O- Rajgir Nagar Panchayat Area, District- Nalanda.
2. Ram Janam Sharma S/O Lala Singh Resident Of Village Bathanir, P.OBathani, P.S- Nimachak, Bathan, District- Gaya., At Present Resident Of Village- Sabalpur, P.S- Rajgir, P.O- Rajgir Nagar Panchayat Area, District- Nalanda.
.... .... Respondent ====================================================== Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 09-12-2016 Nobody appears on behalf of the petitioner.
This application has been filed under Article 227 of the Constitution of India questioning the legal validity of the impugned order by which the learned court below has dismissed the petition of the defendant-petitioner under Order VII Rule 11. The defendant-petitioner has raised objection regarding maintainability of the suit on the ground that the suit property was Stridhan and self acquisition of the defendant-petitioner and was not an acquisition by the joint family. The learned court below has considered the facts and circumstances of the case and has rightly come to the conclusion that the objections raised by the defendantpetitioner including the objection regarding the bar under the
Patna High Court CWJC No.14849 of 2013 (3) dt.09-12-2016 provisions of Benami Transaction Act are appropriately to be decided at the time of hearing of the suit on the issue of maintainability of the suit. This Court has not been persuaded to hold that the learned court below has exercised its jurisdiction illegally. This application is accordingly dismissed.
(V. Nath, J.) Snkumar/- U