REVA ASSOCIATES Vs. SARJUBAI

JUDGEMENT

(1.) This civil revision is directed against the order passed by the learned Civil Judge Class - I, Sanwer, District -Indore in Civil Suit No.01 -A/2014 whereby the learned Civil Judge dismissed an application filed under Order 7 Rule 11 CPC.

(2.) The relevant facts are that the plaintiffs are legal representatives of deceased -Narayansingh, who died on 14.09.2010. During his lifetime deceased - Narayansingh executed a sale deed in favour of applicant No.1 - M/s Reva Associates in respect of suit property. After death of said Narayansingh, the plaintiffs filed the present suit on 09.01.2014 and prayed cancellation of sale deed in respect of share of the plaintiffs, as according to the plaintiffs, the suit property is an ancestral property, which was recorded in name of late Narayansingh being head and karta of the family. It is further averted in the plaint that plaintiffs remained in possession of the suit property and never parted possession even after execution of sale deed by Narayansingh.

(3.) The present applicants filed an application under Order 7 rule 11 CPC on the ground that the plaintiffs had not impleaded all the legal representatives of deceased - Narayansingh, and therefore, the suit suffers from non -joinder of necessary parties and as such the suit is not maintainable. The second ground taken by the applicants was that the suit filed by the plaintiffs is barred by limitation, and therefore, suit is not maintainable.