OMPRAKASH AND OTHERS Vs. PUSHPA BAI AND OTHER

JUDGEMENT

(1.) Hence, this revision petition is taken up for consideration.

(2.) The controversy involved in this revision petition under section 115 Civil Procedure Code at the instance of defendants' against the order dated 08/08/2015 passed in civil suit No.106A/2014 by III Civil Judge, Class-II, Sheopur, revolves around the scope of the provision under Order VII Rule 11(d) CPC. For ready reference, Order VII Rule 11(d) Civil Procedure Code reads as under:

(3.) Petitioners/defendants have filed application under Order VII Rule 1(d) Civil Procedure Code asserting that the the suit is barred by law in view of the latest pronouncement by Honourable Supreme Court in the case of Gurdwara Sahib Vs. Gram Panchayat Village Sirthala, (2014) 1 SCC 669 as the plaintiff cannot claim title to the property with the plea of adverse possession.