Fanendra Bhushan Sahu v. Ku. Garima Sahu And ORS.

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

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/-