MUHAMMAD AZHAR ALI Vs. ABDUL RAZZAQ BIDRI

JUDGEMENT

(1.) The present petitioner is defendant No.4 in the Original Suit No.238/2017, instituted by the present respondents No.1 to 3, as plaintiffs, for the relief of declaration and perpetual injunction in the Court of the learned III Additional Civil Judge, Kalaburagi, at Kalaburagi (hereinafter for brevity referred to as "the Trial Court "). The present respondents No.4 to 6 are the defendants No.1 to 3 and present respondents No.7 to 9 are the defendants No.5 to 7 in the said suit in the Trial Court.

(2.) After the appearance of the defendant No.4 (present petitioner) in the Trial Court, before filing his written statement, if any, he filed an interlocutory application - I.A.No.II under Order VII, Rule 11(d) of the Code of Civil Procedure, 1908, (hereinafter for brevity referred to as "the CPC "), seeking rejection of the plaint as barred by law. After hearing both side, the Trial Court, by its order dated 31-01-2018, dismissed the said interlocutory application - I.A.No.II. Aggrieved by the same, the applicant in the said Interlocutory Application - I.A.No.II (defendant No.4) has filed the present revision petition.

(3.) The respondents No.1 to 3 are being represented by their learned counsel, respondents No.4 to 6 and 8, though have been served, but still remained un-represented. The service of notice against respondents No.7 and 9 was held sufficient.