IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 22.5.2009. S.B. CIVIL WRIT PETITION NO.6269/2009 Babu Lal Vs. Sadhu Ram & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri Arvind Bhardwaj, for the petitioners. Heard learned counsel for the petitioners. This writ petition has been filed challenging the order (Annexure-5) by which the application filed by the petitioner defendant under Order 7 Rule 11 CPC has been dismissed. I have gone through the impugned order as well as the contents of the plaint and the application submitted under Order 7 Rule 11 CPC which is Annexure-2 on record. As per the averments in the application it is stated that the land in dispute on which the construction has been raised by the defendant is in the Khatedari of the Gram Panchayat. However, it is stated that the defendant from time of his ancensters in his possession of the said land. The objection is that with respect to the land in dispute the title is with the Gram Panchayat hence the plaintiff non petitioners do not have any right or locus standi to file the present suit. I have perused the plaint as well as the impugned order passed by the learned trial court. As per the plaint averments as contained in para 2 of the same the suit has been filed in the representative capacity and this is apparent even from order (Annexure-5) passed by the learned trial court that vide order dated 27.6.2007 leave had been granted to the plaintiff to file a suit in a representative capacity. In that view of the matter the objections raised by the defendant petitioner under Order 7 Rule 11 CPC does not survive. This writ petition is accordingly dismissed summarily. (DALIP SINGH),J. Ramchandrkhatri,PS