RAJEEV BEHL Vs. S. K. BEHL

JUDGEMENT

(1.) Petitioner impugns order dated 28.03.2018 whereby the application of the petitioner under Order 12 Rule 6 CPC has been dismissed.

(2.) Learned counsel for the petitioner submits that the application was liable to be allowed, in as much as, the suit filed by the respondent was ex-facie of limitation. It is contended that the respondent has filed the subject suit for possession and mesne profits on 11.08.2015. It is contended that in a complaint given to the police on 11.08.2010, he had contended that he had requested the petitioner to vacate the premises in the year 2003 and they had refused to do so.

(3.) Learned counsel for the petitioner submits that the said complaint shows that the petitioner had set up a title adverse to the respondent and as such the plaint was ex-facie barred by limitation and the trial court erred in dismissing the application under Order 12 Rule 6 CPC.