R.C. KEVAL CHAND Vs. SUJATHA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) This revision petition is filed challenging the order dtd. 31/1/2023 passed on I.A.No.IV filed under Order VII, Rule 11(d) read with Sec. 151 of C.P.C. seeking rejection of plaint on the ground that the same is barred by law.

(3.) The Trial Court, having considered the grounds urged in the application, in Para No.9 held that, question of limitation is a mixed question of law and facts and it requires a trial, particularly when plaintiff is alleging the collusion between defendant Nos.1 to 11 in creating sale deed and they came to know the same recently. The limitation would start after attaining the majority, if the sale deed has not been challenged and the same is also a matter of trial.