(1.) ADMIT . Heard finally with consent of learned counsel for both sides.
(2.) THE present Revision Application has been filed by original Defendant, against rejection of his application under Order VII Rule 11(a) and (d) of the Code of Civil Procedure, 1908 ("C.P.C." in brief) in Regular Civil Suit No.273 of 2011 by Second Joint Civil Judge, Junior Division, Ausa, Dist -Latur. The present Applicant (hereinafter referred as "Defendant") had moved application Exhibit 38 for rejecting the plaint on the grounds of limitation, non -joinder of necessary parties, res judicata and estoppel. The trial Court heard the parties and has rejected the application filed by the Defendant. Thus, the present Civil Revision Application has been filed. Respondents are the Plaintiffs in Trial Court. I will refer to parties, as arrayed in trial Court.
(3.) ORDER VII Rule 11(a and d) of the C.P.C. read as under: