Code of Civil Procedure, 1908–Order 39, Rules 1 & 2 r/w. Sec. 151–Rejection of application–Appreciation of–Suit for declaration of family settlement null and void, partition and permanent injunction–Admitted position that the plaintiff does not have the possession of disputed property–He has challenged the mutation entries recorded in favour of non-applicant no. 1 after 28 years–Mutation was never challenged by her mother–He failed to rebut the affidavit filed by the non-applicants in support of hiba–Observation of Trial Court that without getting declared the khatedari rights, he cannot get the relief from Civil Court–Held, Trial Court has not committed error in dismissing the application.
