R SATISH KUMAR SINGH Vs. RAMSINGH

JUDGEMENT

(1.) THIS appeal is preferred against an order dated 19.03.2014 on I.A.No.2 an application under Order VII Rule 11(a) and (d) of CPC in O.S.No.2893/2011 on the file of the XX Additional City Civil Judge, Bangalore City, whereby the plaint has been rejected.

(2.) BRIEF facts which gave rise to this appeal are as under:

(3.) DURING the pendency of the suit the defendant Nos.8 and 9 got themselves impleaded alleging that defendant No.9 purchased the suit property from Amar Singh by registered sale deed dated 22.07.1982. After purchase of the schedule property, by following proper procedure, he formed layout and sold the sites to defendant No.8 and others. The defendant No.9 filed an application at I.A.No.2 under Order VII Rule 11(a) and (d) of CPC for rejection of the plaint on the ground that the plaint does not disclose the cause of action and that the suit is barred by law of limitation. The application was opposed by the plaintiff. It was heard on merits and by the impugned order dated19.03.2014, the application came to be allowed and the plaint was rejected holding that there is no cause of action and the suit is barred by limitation.