DROPTI DEVI Vs. RAM PYARI

JUDGEMENT

(1.) The application bearing No. I.A. 12859/2018 has been filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") by the applicants/defendants seeking rejection of the Plaint. By way of application bearing No. I.A. 13060/2018, filed under Order II Rule 2 CPC, the applicants/defendant Nos. 1 to 4 seeks dismissal of the suit.

(2.) It is submitted in the IA 12859/2018, application under Order VII Rule 11 CPC, that the plaintiff had filed the Civil Suit bearing No. CS(OS) 3929/1992 seeking partition of the suit property, but the same was withdrawn by the non-applicant/plaintiff on 24/3/1994 without liberty to file a fresh Suit. It was stated in the said suit that the cause of action arose in August, 1992 with regard to the suit property. The non-applicant/plaintiff filed a consequent Civil Suit bearing No. 2607/2013 on the basis of identical pleadings which was dismissed vide Order dtd. 5/10/2015 on the ground of being barred by limitation against which no Appeal was preferred by the non-applicant/plaintiff and the said Order has assumed finality. The present Suit seeking same relief is, therefore, barred.

(3.) The plaintiff fraudulently and frivolously took a plea that there was a family settlement between the plaintiff and the answering defendants and also sent a legal notice to this effect. The plaintiff had also filed the Contempt Petition No. 404/2011 against the defendant Nos. 1 to 4 in the said suit which was dismissed vide Order dtd. 13/5/2013.