NANDA DIGAMBAR AWATE Vs. MADHUKAR PUNDLIKRAO AWATE

JUDGEMENT

(1.) Heard Mr. Bhattad, learned counsel for the petitioner.

(2.) The application under Order 7 Rule 11 (b) & (d) of CPC for rejection of the plaint in RCS No. 5/2020, has been rejected by the learned Trial Court by the impugned order dtd. 23/11/2022 (pg.159).

(3.) Mr. Bhattad, learned counsel for the petitioner submits that two grounds were raised in so far as the provisions of Order 7 Rule 11 (b) of CPC is concerned, inasmuch as it was contended that the suit is barred by limitation on the ground that the suit was filed three years after the filing of the earlier suit i.e RCS No. 200/1985, which was decreed on 21/3/2011, which decree came to be confirmed in appeal by the judgment dtd. 16/2/2017, in which the shares were only modified. It is contended that the subsequent suit ought to have been filed within three years from the appellate Court's decree.