1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVN. APPLICATION NO. 337 OF 2007 Francisco Philomeno D’souza & anr. ... Applicant v/s Maria Luisa D’souza & ors. ... Respondent Mr.Ralston Fernandes for the applicants. Mr.C.M.Kothari for the respondent Nos.1 and 2. CORAM: SMT.NISHITA MHATRE, J. DATED: 4TH FEBRUARY, 2010 P.C.: 1. The application has been filed to challenge the order dated 29.3.2007 by which the application filed by the defendants for dismissal of the suit under Order 7 Rule 11 of the Code of Civil Procedure was dismissed. It was the contention of the applicants that the plaint does not disclose any cause of action and, therefore, it ought to be rejected. The main ground on which this application was filed was that the plaintiffs themselves mentioned that the property was “given to Jaju by his parents”. He submitted that since this 2 fact is accepted by the plaintiffs themselves, nothing further remains in the suit as no other person but Jaju, the heir or the vendee is entitled to the property. The Trial Court has, in my opinion, rightly rejected the application. According to the plaintiffs, they are entitled to the right of preemption. 2. In these circumstances, in my view, the plaint has rightly been rejected. 3. Civil revision application dismissed. ..... 3