SHRIVATSA GOSWAMI Vs. ANANT PRASAD SINGH

JUDGEMENT

(1.) Heard Shri Tarun Agrawal, learned counsel for the defendant-appellant and Shri Rahul Sripat, learned Senior Counsel assisted by Shri Ishir Sripat, learned counsel for the plaintiff-respondents.

(2.) The instant appeal has been converted from "Second Appeal" to "First Appeal From Order" under the previous orders of this Court, inasmuch as, the order impugned is an order of remand passed in civil appeal.

(3.) The appellant is defendant in Original Suit No.83 of 2022 (Anant Prasad Singh v. Shrivatsa Goswami and others). The suit was filed claiming a decree for declaring a registered gift deed dtd. 25/5/1968 and another gift deed dtd. 17/10/1987, registered on 15/1/1988 as null, void ab initio, irrelevant and ineffective, insofar as the plaintiff's rights are concerned. In the said suit, an application under Order VII Rule 11 C.P.C. was filed by the defendant-appellant which was allowed by the trial court on 22/11/2022. Consequently, the plaint was rejected holding the suit as barred by limitation by invoking Order VII Rule 11(d) CPC. Against the order of trial court, Civil Appeal No.67 of 2022 (Anant Prasad Singh v. Shrivats Goswami and another) was filed by the plaintiff-respondents which has been allowed by the order impugned dtd. 6/4/2023 and the matter has been remanded to the trial court to re-register the suit, invite written statement and other objections from the defendants on all aspects including limitation, to frame additional issue on limitation and take a decision on all the issues after leading evidence.