RAO YASHPAL HARISHCHANDRA ARYA Vs. RAHUL SURYALAL JAISWAL

JUDGEMENT

(1.) Heard Mr. Rohit Joshi, learned counsel for the petitioners.

(2.) The present petition has been filed by the petitioners challenging the order dtd. 13/03/2023 passed by the 9th Joint Civil Judge Senior Division, Nagpur, in Special Civil Suit No.938/2021 rejecting the application filed by the petitioners at Exh.29, under Order VII Rule 11(a) and (d) r/w Order I Rule 10(2), Rule 13 and Ss. 151 and 153 of the Code of Civil Procedure ("CPC" for short hereinafter) for rejection of the plaint on account of the same not disclosing any cause of action and being barred by limitation and so also for deletion of the names of the petitioners from the array of defendants.

(3.) Insofar as the plea under Order I Rule 10 (2), Rule 13 and Ss. 151 and 153 of the CPC is concerned, which is raised in the application below Exh.29, which is in addition to the plea under Order VII Rule 11 (a) and (d) of the CPC, a similar plea raised by the petitioners by way of the application under Exh.42 in Writ Petition 2205/2023 between the same parties has already been rejected by me by the order dtd. 05/06/2023, considering which, the same would equally be applicable in the present matter to the said plea.