UJWALA SURESHCHANDRA JAJU Vs. SHASHIKALA

JUDGEMENT

(1.) By the present Civil Revision Application, the applicant is challenging the order dtd. 22/9/2021 passed by the 2nd Joint Civil Judge Senior Division, Ahmednagar below Exh.45 in Special Civil Suit No.58/2020, rejecting the application filed by the applicant under Order VII Rule 11 of Civil Procedure Code [for short 'CPC']. Brief facts leading to filing the present Civil Revision Application can be summarized as under:

(2.) The respondent no. 1 - original plaintiff filed Special Civil Suit No. 58/2020 for partition of the joint family property, as also, prayed for following reliefs, which are translated by the Translator of this Court :

(3.) The applicant is the original defendant no. 8 in the said suit. The applicant - defendant no. 8 filed an application for return of the plaint / rejection of the plaint under Order VII Rule 11 of CPC. It was the contention of the applicant - defendant no. 8 that the prayer for declaration that the will deed dtd. 8/4/2010 made by the father of the plaintiff is barred by limitation as will deed was notarized and that the father of the plaintiff had passed away on 17/1/2011 and that will deed had come into force from the date of death of the father of the plaintiff. It is further the contention of the applicant - defendant no. 8 that on the basis of the said will, various revenue entries were made and that son of the plaintiff would occasionally visit to the applicant - defendant no. 8 and that he was aware of the will deed in the year 2011 itself. It is further the case of the applicant that the documents filed along with plaint itself indicate that there is mutation entry made on 19/11/2011 and copy of the same is obtained on 1/12/2011, as such, the plaintiff was aware about the will deed in the year 2011 and that the suit filed for declaration that will deed dtd. 8/4/2010 be declared void, is barred by limitation. The application filed by the applicant - original defendant no. 8 was opposed by the plaintiff by filing written statement.