SURESH KUMAR DAGLA Vs. SARWAN

JUDGEMENT

(1.) This appeal has been preferred by the Appellant-Defendant No. 1 against the order dated 12th September, 2012 passed by the High Court of Chhattisgarh, Bilaspur in Civil Revision No. 120 of 2012. By the impugned order, the High Court upheld the Trial Court's order dated 23rd June, 2012 refusing to allow the application filed by the Appellant Under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as, "the Code of Civil Procedure") for dismissal of suit on the ground that the suit is barred under the law and thereby dismissed the civil revision application.

(2.) The factual matrix of the case is as follows:

(3.) According to the Appellant, after more than 14 years on 28th June, 2006 the 1st Respondent filed a Civil Suit No. 12A/06 (renumbered as Civil Suit No. 53A of 2011) against the Appellant and his father seeking declaration of title and for declaring the sale deed dated 30th November, 1992 as null and void. No reason was shown therein as to why the civil suit was filed after delay of 14 years of execution of the sale deed. In the suit, the 1st Respondent admitted that he had filed the complaint against the Appellant. The Appellant filed his written submission on 28th July, 2007 and categorically raised an objection regarding relief for declaration of sale deed as null and void being barred by limitation. Thereafter, the 1st Respondent filed an application Under Section 5 of the Limitation Act on 22nd November, 2007 stating that inadvertently he was pursuing the criminal proceeding being an illiterate villager he did not initiate a civil proceeding. However, as the petition Under Section 5 of the Limitation Act was not maintainable in the suit the 1st Respondent did not press the application and on 22nd January, 2008 the same was dismissed as not pressed.