RAVI PRATAP SINGH Vs. PRAHLAD SINGH

JUDGEMENT

(1.) Heard Shri Anuruddh Chaturvedi, learned counsel for the petitioner, Shri Adya Prasad Tewari, learned counsel for the respondents and perused the record.

(2.) This petition has been filed challenging the order dtd. 19/5/2023 passed by the Additional Civil Judge (Senior Division), Court No. 1, Gorakhpur in Original Suit No. 574 of 2022, rejecting the application moved by the defendant under Order VII Rule 11 C.P.C. The order dtd. 31/7/2024 passed by the revisional court dismissing the revision filed by the petitioner against the order dtd. 19/5/2023, is also under challenge.

(3.) Brief facts of the case are that the Original Suit No. 574 of 2022 was instituted by the plaintiff/respondents against defendant/petitioners for cancellation of sale deed dtd. 21/10/1992 executed by Smt. Bhagwanta in favour of Ranjit Singh son of Rajendra Singh. The plaintiff also claimed cancellation of another sale deed executed by Smt. Bhagwanta in favour of one Shashi Prabha. The relief of mandatory injunction was also claimed by the plaintiff restraining the defendants not to interfere with the possession of the plaintiff over the land in dispute. After being noticed, defendants/respondents filed an application under Order VII Rule 11 C.P.C. on 28/2/2023 for rejection of the plaint on the ground that the suit was barred by Sec. 3 read with Article 59 of the Limitation Act, 1963. Plaintiffs/respondents filed their objections to the application filed by the petitioner under Order VII Rule 11 C.P.C. on 15/3/2023. The trial court by judgment and order dtd. 19/5/2023, rejected the application filed by the defendants/petitioners. Against the judgment and order dtd. 19/5/2023, Civil Revision No. 123 of 2023 was filed by the petitioner which was also dismissed by the revisional court i.e. Additional District Judge, Court No. 3, Gorakhpur by judgment and order dtd. 31/7/2024, hence, the present writ petition.