MAHESH Vs. ISHWAR

JUDGEMENT

(1.) The present petition is filed under Sec. 115 of the Code of Civil Procedure Code (hereinafter referred to as 'the CPC') challenging the order dtd. 13/6/2023 passed on IA.No.4 in OS No.152/2021 by the Senior Civil Judge, Bailhongal, (hereinafter referred to the 'the Trial Court') whereunder IA.No.4 filed by defendant No.5 under Order VII Rule 11 of the CPC has been dismissed by the Trial Court.

(2.) The parties herein are referred to by their rank before the Trial Court for the sake of convenience.

(3.) The relevant facts necessary for consideration of the present petition are that the plaintiff instituted a suit in OS No.152/2021 for partition and separate possession. The defendant No.5 entered appearance in the said suit and contested the case of the plaintiff. Defendant No.5 filed IA.No.4 under Order VII Rules 11(a) and (b) of the CPC to reject the plaint as barred by law. The said application is opposed by the plaintiff. The Trial Court by its dtd. 13/6/2023 dismissed the said application. Being aggrieved the present petition is filed.