UMA DEVI Vs. ANAND KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) The appellants before this Court are defendants in a suit for partition filed by the plaintiffs (respondent nos. 1 to 5 herein) in the year 2023 under O.S. No. 6768/2023. The parties will be referred to as their position in the Trial Court.

(3.) The defendants moved an application under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter 'CPC'), seeking return of the plaint on the grounds that the suit was not maintainable as it was barred by limitation as well as on other grounds. The Trial Court allowed the application and dismissed the suit.