SUCHITRA DUBEY Vs. SATTAR LATE IBRAHIM PATEL

JUDGEMENT

(1.) The present Civil Revision under Sec. 115 of the Code of Civil Procedure, 1908 has been preferred by the petitioner / defendant No.6 being aggrieved by the order dtd. 2/3/2024 passed by learned 4th District Judge, Indore in Civil Suit No.31-A/2016, whereby her application under Order VII Rule 11 read with Sec. 151 of the Civil Procedure Code, 1908 for rejection of the plaint has been rejected / dismissed.

(2.) The aforesaid impugned order dtd. 2/3/2024 has been challenged on the following factual backdrop that learned Court below has failed to exercise its jurisdiction in not rejecting the subject plaint having been barred by law of limitation. The plaintiffs instituted the suit to abuse the process of law and to harass the defendants as they have filed the subject civil suit No.31-A/2016 on the basis of compromise taken place in Civil Suit No.637-A/1997 dtd. 21/1/1998.

(3.) Originally, respondents No.1 to 3 / plaintiffs instituted a suit before learned 4th District Judge, Indore bearing Civil Suit No.31-A/2016 on 11/3/2016 seeking declaration of title to the suit land, for declaration that the mutation in favour of defendants No.1 and 2 (Mansoor and Aamna Bi) and sale deed dtd. 24/5/2006 executed in favour of defendant No.3 (Sanjay Dabra) is not binding upon the plaintiffs and for permanent injunction restraining the defendants from interfering with their possession over the suit lands.