HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 131/2017 1. 1/1. Niranjan Lal (Since deceased) through His legal representative Mr. Vijay Data S/o (Late) Ganga Deen Data, Aged About 64 Years, R/o Bhagwati Sadan, Swami Dayanand Marg, Alwar (Rajasthan). 1/2. Mr. Daya Kishan Data S/o (Late) Niranjan Lal Data, Aged About 56 Years, R/o 7, Shubham Enclave, Jamnalal Bajaj Marg, C-Scheme, Jaipur. ----Petitioners Versus 1. Babu Lal S/o Late Shri Ramniwas, R/o 115-A, Bank Colony, Alwar And D-47, Hanuman Nagar, Jaipur. 2. Saurabh Agrotech Private Limited, Through Its Director Shri Babu Lal, 20-21, Old Industrial Area, Alwar (Rajasthan). 3. Vijay Industries, Through Its Partner Shri Babu Lal Khairthal, District Alwar. 4. Vijay Tin Industries, Through Its Partner Shri Babu Lal, Khairthal, District Alwar. 5. Babu Lal Huf, Through Its Karta, Shri Babu Lal, Alwar (Raj.) 6. Vijay Kumar S/o Shri Niranjan Lal, R/o Bhagwati Sadan, Swami Dayanand Marg, Alwar And C-82, Chaitanya Marg, C-Scheme, Jaipur (Rajasthan). 7. Daya Kishan S/o Shri Niranjan Lal, R/o Bhagwati Sadan, Swami Dayanand Marg, Alwar And C-82, Chaitanya Marg, C-Scheme, Jaipur (Rajasthan). 8. Smt. Nirmala Devi, Wife Of Shri Niranjan Lal, R/o Bhagwati Sadan, Swami Dayanand Marg, Alwar. (Since Deceased) 9. Smt. Gayatri Devi Wife Of Shri Vijay Kumar, R/o Bhagwati Sadan, Swami Dayanand Marg, Alwar. 10. Saurabh S/o Shri Vijay Kumar, R/o Bhagwati Sadan, Swami Dayanand Marg, Alwar. 11. Smt. Neelima, Wife Of Shri Daya Kishan, R/o C-82, (2 of 7) [CR-131/2017] Chaitanya Marg, C-Scheme, Jaipur. 12. Gaurav S/o Shri Daya Kishan, Minor Through His Natural Father, Shri Daya Kishan R/o C-82, Chaitanya Marg, C- Scheme, Jaipur. 13. Gauri D/o Shri Daya Kishan, Minor Through Her Natural Father, Shri Daya Kishan R/o C-82, Chaitanya Marg, C- Scheme, Jaipur. 14. Nirajnan Lal Data Huf, Through Its Karta, Shri Niranjan Lal, Bhagwati Sadan, Swami Dayanand Marg, Alwar. 15. Payare Lal Gangadeen Huf, Through Its Karta, Shri Niranjan Lal, Bhagwati Sadan, Swami Dayanand Marg, Alwar. 16. Vijay Data Huf, Through Its Karta, Shri Vijay Kumar, Bhagwati Sadan, Swami Dayanand Marg, Alwar. 17. Daya Kishan Data Huf, Through Its Karta, Shri Daya Kishan, C-82,chaitanya Marg, C-Scheme, Jaipur (Raj.) 18. Raghuvar India Private Limited, Through Its Director, Shri Daya Kishan, Durgapura, Station Road, Jaipur (Raj.) 19. Data Infosys Limited, Through Its Director, Shri Nitin Waliya, Inside Glass Factory, Tonk Road, Jaipur. 20. Firm Pyarelal Niranjanlal And Company, Through Its Partner, Shri Niranjan Lal, Kedalganj, Nai Mandi, Alwar. 21. Bhagwati Agro Private Limited, Through Its Director, Shri Saurabh Data, Bhagwati Sadan, Swami Dayanand Marg, Jaipur. 22. Dhruv Enclave Private Limited, Through Its Director, Shri Vijay Data Bhagwati Sadan, Swami Dayanand Marg, Alwar. 23. Gaurav Seremix Private Limited, Through Its Director, Shri Daya Kishan, C-82, Chaitanya Marg, C-Scheme, Jaipur. 24. Gaurav Enclave Private Limited, Through Its Director, Shri Daya Kishan Data, C-82, Chaitanya Marg, C-Scheme, Jaipur. 25. Jhankar Motel Private Limited, Through Its Director, Shri Niranjan Lal Data, Bhagwati Sadan, Swami Dayanand Marg, Alwar. 26. Roshan Lal Oil Mill Ltd., Through Its Director, Mukesh (3 of 7) [CR-131/2017] Sethi,main Road Kanota, District Jaipur. 27. Jai Complex Private Limited, Through Its Director, Shri Ramesh Gupta, Riico Industrial Area, Bhiwadi. 28. Vijay Solvex Limited, Through Its Director, Shri Vijay Data, Bhagwati Sadan, Swami Dayanand Marg, Alwar. 29. Jaipur Glass (A Unit Of Vijay Solvex Pvt. Ltd.), Tonk Road, Jaipur, Through Its Authorized Reresentative, Shri Daya Kishan Datta. 30. Data Food Private Limited, Srilanka Through Its Director, Shri Vijay Data, Bhagwati Sadan, Swami Dayanand Marg, Alwar. 31. Data Housewares Ltd., U.k. Through Its Director, Shri Daya Kishan Data, C-82, Chaitanya Marg, C-Scheme, Jaipur. 32. Vijay Oil Mill, Through Its Partner, Shri Vijay Data, Bhagwati Sadan, Swami Dayanand Marg, Alwar. 33. Firm Bhagwati Agro, Through Its Partner, Shri Vijay Data, Bhagwati Sadan, Swami Dayanand Marg, Alwar. 34. Data Firm, Guna (M.p.), Through Its Partner, Shri Vijay Data, Bhagwati Sadan, Swami Dayanand Marg, Alwar. 35. Ajay Data, Son Of Shri Babu Lal Data, Proprietor, M/s Ajay Containers, Resident Of D-47, Hanuman Nagar, Jaipur. 36. Sub-Registrar, Jaipur, Collectorate, Bani Park, Jaipur. 37. Union Of India, Through Secretary, Ministry Of Company Affairs, New Delhi. 38. Registrar Of Company, Through Registrar, R.o.c. Office 67, Bajan Marg, Near 22 Godown Overbridge, Jaipur. 39. State Bank Of Bikaner And Jaipur, Through Branch Manager, Tilak Marg Branch, C-Scheme, Jaipur. 40. Smt. Kamla D/o Late Shri Pyarelal, W/o Late Shri Chhajuramji, R/o Co Hukamchand Harikishan, Purani Anj Mandi, Khairthal, District Alwar. 41. Smt. Ramdulari D/o Late Shri Pyarelal, Wife Of Late Shri Kamal Nayan, R/o Co Kamal Nayan, Devkinandan, Kachhari Bazar, Bhadrak, Orissa. 42. Smt. Parmeshwari, D/o Late Shri Ramniwas, W/o Shri B.s. Gupta, R/o 158, Scheme No.8, Alwar. (4 of 7) [CR-131/2017] 43. Smt. Shakuntala, D/o Late Shri Ramniwas, Wife Of Shri Satyaprakash Gupta, R/o C/o Mehul Tyres, Station Road, Alwar (Raj). 44. Smt. Pushpa Gupta D/o Shri Niranjan Lal, W/o Late Shri Jai Prakash, R/o C/o Mahawar Emporium, 27, Naya Bazar, Kamla Nagar, Delhi. 45. Smt. Shashi Gupta D/o Shri Niranjan Lal, W/o Shri Ramesh Gupta, Resident Of C/o Jai Complex Private Limited, A-99, Industrial Area, Bhiwadi, District Alwar. 46. 47. Smt. Uma Gupta D/o Shri Niranjan Lal, W/o Shri Vinod Gupta, R/o C/o Krishna Rolling Mills, Jhotwara, Jaipur. Smt. Sushma daughter of Sh. Niranjan Lal, Wife of Sh Tejram, R/o C/o Rajasthan Iron Traders, Y 175 Loha Mandi, Narayana, New Delhi ----Respondents For Petitioner(s) : Mr. Krishna Verma, Adv. For Ms. Sukriti Kasliwal, Adv. For Respondent(s) : Mr. Anuroop Singhi, Adv. With Mr. Rahul Khandewel, Adv. & Mr. Bhavya Kal, Adv. Mr. Amol Vyas, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment Date Of Judgment 17/01/2025 The Civil Revision Petition has been filed by the petitioners against the order dated 06.04.2017 passed by the Additional District & Sessions Judge No.3, Jaipur Metropolitan, Jaipur (for short ‘the trial court’) in Civil Suit No.28/2010 titled as “Babu Lal Vs. Niranjan Lal, whereby the trial court dismissed the application filed by the petitioners under Order 7 Rule 11(A) read with Section 151 CPC. Learned counsel for the petitioner submits that the respondent Nos.1 to 5-plaintiffs (for short ‘the plaintiffs’) filed a (5 of 7) [CR-131/2017] suit for partition, declaration, permanent and mandatory injunction as well as settlement of accounts etc. against the petitioner as well as other defendants/respondents. Learned counsel for the petitioners further submits that a bare reading of the plaint does not disclose any cause of action against the petitioners. He also submits that the petitioners had filed an application under Order 7 Rule 11(A) read with Section 151 CPC before the trial court. The trial court vide order dated 06.04.2017 wrongly dismissed the application filed by the petitioners. So, the petition filed by the petitioners be allowed and the suit filed by the plaintiffs be dismissed on account of non- disclosure of cause of action. Learned counsel for the petitioners has placed reliance upon the following judgments:- 1. Sopan Sukhedo Sable & ors. Vs. Assistant Charity Commissioner Ors. [(2004)] 3 SCC 137] 2. Shakti Bhog Food Industries Ltd. vs. The Central bank of India and Ors. (05.06.2020-SC): MANU/SC/0468/2020 3. Ram Prakash Gupta v. Rajiv Kumar Gupta and Ors. [(2007) 10 SCC 59] 4. Dahiben vs. Arvindbhai Kalyanji Bhanusali (D) thr. L.Rs. And Ors. (09.07.2020-SC):MANU/SC/0508/2020 5. SNP Shipping Services Pvt. Ltd. & Ors. Vs. World Tanker Carrier Corporation & Anr. [AIR 2000 Bom. 34] 6. Narendra Kante Vs. Anuradha Kante & Ors. [(2010) 2 SCC 77] 7. Bidyut Sarkar and Ors. v. Kanchilal Pal (Dead) through L.Rs. And Ors. [Para 30] (6 of 7) [CR-131/2017] 8. Sopan Sukhedo Sable & Ors. Vs. Assistant Charity Commissioner Ors. [(2004) 3 SCC 137] 9. Ramisetty Venkatanna & Anr. v. Nasyam Jamal Saheb & Ors. [para 6,7] 10. Temple of Thakur Shri Mathuradassji Vs. Shri Kanhaiyalal & Ors. 2008 (1) ILR (Raj.) 619 11. S.K. Lakshminarasappa Vs. Sri B Rudriah & Ors. [MANU/KA/ 2737/2011. Learned counsel for the respondents has opposed the arguments advanced by learned counsel for the petitioner and submitted that the plaintiffs had very well disclosed the cause of action against the petitioners as well as other defendants respondents. The petitioners have already taken these objections in the written statement. So, the trial court vide order dated 06.04.2017 rightly observed that the issue with regard to cause of action would be decided after evidence of the parties. So, the present petition being devoid of merit, is liable to be dismissed. Learned counsel for the respondents has placed reliance upon the following judgments:- 1. Jageshwari Devi and Ors. Vs. Shatrughan Ram (2007) 15 SCC 52 2. Mayar (H.K.) Ltd and others vs. Owners and Parties, Vessel M.V. Fortune Express (2006) 3 SCC 100 3. Diyashree Tuyenkar vs. Vinod Vishwanath Tuyenkar 2024 SCC OnLine Bom 165 4. Urooj Ahmed vs. preethi Kitchen 2013 SCC OnLine Mad 2969 (7 of 7) [CR-131/2017] 5. Prem Lala Nahata vs. Chandi Prasad Sikaria (2007) 2 SCC 551 6. Frost International Limited vs. Milan Developers and Builders Limited (2022) 8 SCC 633. I have considered the arguments advanced by learned counsel for the petitioners as well as learned counsel for the respondents. It is an admitted position that the petitioners have already taken the objections regarding cause of action in their written statements. The trial court while dismissing the application filed by the petitioners clearly mentioned that issue related to cause of action is a mixed question of law and fact which would be decided after taking the evidence of the parties. So, in my considered opinion, the trial court has not committed any error in dismissing the application filed by the petitioners. So, the present petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. Pending application(s), if any, also stand(s), dismissed. (NARENDRA SINGH DHADDHA),J Gourav/04