IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.1016 of 2009 Arjun Sharma @ Mantu Singh Versus Shree Ramashish Singh ---------------------------------- 2 22-12-2011 No body appears on behalf of the petitioner. By the impugned order the prayer on behalf of the defendant for rejection of the plaint under Order 7 Rule 11 C.P.C. has been dismissed. From the impugned order it appears that the suit was for specific performance of contract to sell. The objection raised by the defendant is to the effect that the suit property is joint family property and as such the decree for specific performance of contract with regard to the suit property cannot be granted. After hearing the parties the learned court below has come to the conclusion that the question raised in the petition is a mixed question of law and fact which has to be decided along with other issues. It has been further found that issues have already been settled in the suit. As no one appears on behalf of the petitioner when this revision application has been called out, this revision application is dismissed for non-prosecution. roy ( V. Nath, J.)