MANJULA CHORDIYA Vs. BHARAT CHORDIYA

JUDGEMENT

(1.) The applicants have preferred this civil revision under Sec. 115 of the Code of Civil Procedure, 1908 (in short, 'CPC') being aggrieved by the impugned order dtd. 12/10/2021 passed by the II Civil Judge, Senior Division, Ratlam (M.P.) in Civil Suit No.RCS-A/157/2021, whereby an application under Order VII Rule 11 read with Sec. 151 of CPC filed by the applicants/defendants No.1 and 2 has been dismissed.

(2.) The brief facts of the case are that plaintiff/respondent No.1 has filed a suit for declaration of title, setting aside and declaring both the the gift deeds null and void and for grant of mandatory and perpetual injunction by stating that plaintiff is the owner of land bearing survey No.550 area 0.470 hectare situated at Village Bibdod and survey No.251/1 area 0.176 hectare, survey No.251/2 area 0.115 hectare, survey No.251/3 area 0.018 hectare, survey No.251/4 area 0.070 hectare, survey No.251/5 area 0.101 hectare situated at Village Banjali. There was a property dispute between the parties. For the purpose of dissolving the dispute between them, as per their settlement, plaintiff has executed two gift deeds in respect of the suit land situated at Village Bibdod and Banjali in favour of the defendants No.1 and 2, but actual possession remained with the plaintiff only. Allegedly it was a criminal conspiracy and fraud, which was committed by the applicants/defendants No.1 and 2, therefore, the plaintiff filed the civil suit.

(3.) During the pendency of the suit applicants/defendants No.1 and 2 filed an application under Order VII Rule 11 read with Sec. 151 of CPC by stating that civil suit filed for declaration of both the gift deeds as null and void has been filed after a lapse of about three years of executing the alleged gift deeds, therefore, the suit is barred by time and no cause of action is available to the plaintiff and suit deserves to be dismissed.