RANJITA BETARBET Vs. SUBIR BANERJEE

JUDGEMENT

(1.) Revision Petition under Sec. 115 read with Sec. 151of the Civil Procedure Code, 1908 has been filed against the Order dtd. 14/7/2022, vide which the Application under Order VII Rule 11of the CPC filed by the Petitioner (Defendant in the Main Suit), has been dismissed.

(2.) The Petitioner had sought rejection of the Suit for Partition filed by the Respondent (Plaintiff) on the grounds of the Suit was barred by Limitation and that the Court Fees paid was deficient.

(3.) According to the Revisionist, as per the averments in the Plaint, the Cause of Action arose on 2/8/2005 when Sh.Sukanti Banerjee, father of the parties, died at Delhi. The Respondent /daughter is a permanent resident of America who visits the country sparingly. Both the parties are living abroad and none were residing in the Suit Property wherein the mother of the parties Smt. Ava Banerjee, had been living till her demise on 11/11/2021. The present Suit for for Partition and Permanent Injunctionhas been filed in the year 2019.In terms of Article 69 and 110 of the Schedule to Limitation Act, the period for limitation for partition is three years and twelve years respectively. From the averments made in the Plaint itself, the Suit is patently barred by limitation.