ANITA GUPTA Vs. SADANANAD MAITRI

JUDGEMENT

(1.) This Petition has been filed against the order dtd. 31/8/2023 passed by the Additional District Judge, Camp Court Pathalgaon of Kunkuri District, Jashpur, Chhattisgarh in Civil Suit No.03-A/2023, whereby the application preferred by the petitioners/defendant Nos.1 to 4 under order 7 rule 11 of C.P.C. was dismissed.

(2.) Brief facts of the case are that respondent No.1/plaintiff has filed a Civil Suit for declaration of the registered sale deed dtd. 9/11/2018 as void and for the confirmation of possession and permanent injunction by alleging that the husband of defendant No.1 in a fraudulent manner, without paying any consideration, has executed the impugned sale deed on 9/11/2018 and also got mutated his name in the Revenue Records. When the said fact came to his notice on 18/5/2022, the instant civil suit has been filed. In such suit, the petitioner/defendant No.1 to 4 had preferred an application under order 7 rule 11 of C.P.C. with an averment that the plaintiff/respondent No.1 was having knowledge at the time of the execution of sale deed on 9/11/2018 and for declaration of any deed is time barred. The period prescribed is three years. Hence the suit is barred by law. The said application has been dismissed by the impugned order, hence this revision petition.

(3.) Learned counsel for the petitioner would submit that the respondent/plaintiff No.1 was having knowledge at the time of execution of the impugned sale deed dtd. 9/11/2018 and the suit has been filed after three years so the suit is time barred and the Trial Court ought to have accepted the application filed by the petitioner/defendant under order 7 rule 11 of C.P.C. and by rejecting the said application committed material irregularity. So prays that petition be allowed and set aside the impugned order dtd. 31/8/2023. rejected the plaint.