05.4cra17.10.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Revision Application No. 17/2010 (Bhagwandas S/o Purushottam Bajoria ..versus.. Smt.Prabhavati Ashokkumar Deora and others) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. S.V.Akolkar, Advocate for Petitioner. Mr. M.M.Agnihotri, Advocate for Respondent no.1 Coram: R. K. Deshpande, J. Date : 5 th April, 2010 This Civil Revision Application challenges the order dated 02/12/2009, passed by the learned 4th Joint Civil Judge, Junior Division, Yavatmal, dismissing the application (Exh.27) filed under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint for failure to disclose the cause of action. The learned trial court has dismissed the application on the ground that the rival claims in respect of the suit property is pending for adjudication in Probate proceedings, which are instituted vide M.J.C. No. 62/2008 in the Court of Civil Judge, Senior Division, Yavatmal. The plaintiff is claiming ownership on the basis of Will dated 18/1/2008 executed by Smt. Satyabhamabai, whereas the defendant no.1 is claiming ownership on the basis of Will dated 16.4.2001, executed by said Smt. Satyabhamabai in his favour. The plaintiff has filed the suit for permanent injunction restraining the defendant no.1 from alienating any property mentioned in Annexure-A of the plaint. Further permanent injunction is claimed against the defendant no.2 for acting upon the 05.4cra17.10.odt 2 Gift Deed dated 08/12/2004 executed by defendant no.1 in favour of defendant no.2. The suit filed by the plaintiff is not for claiming title on the basis of Will. The suit is simplicitor for injunction. The learned trial court has held that the suit is maintainable and has dismissed the application for rejection of the plaint. Mr. Akolkar, the learned counsel appearing for the applicant submits that there is no relief of possession claimed in the suit filed by the plaintiff and hence, such a suit is not maintainable under Section 34 of the Specific Reliefs Act. He further urged that the suit is also barred by limitation. However, both the points were not raised in the application under Order VII Rule 11 CPC, filed by the applicant/defendant. The same, therefore, cannot be permitted to be raised for the first time in this application. Except this, there is no other ground raised for challenging the order of the trial court. Hence, there is no substance in the Civil Revision Application. The same is dismissed. No order as to costs. JUDGE Diwale