SUDHIRDAS Vs. UNITED CHURCH OF D CANADA INDIA

JUDGEMENT

(1.) The petitioner has filed the present civil revision challenging the order dated 22/11/2018, passed by the Additional Judge to the Court of 1st Civil Judge, Class-I, Dhar in Civil Suit No.109-A/2017, whereby rejecting the application preferred by the petitioner under Order 7 Rule 11 of CPC.

(2.) The respondents no.1 and 2 have filed a civil suit for declaration, permanent injunction, partition, possession and for setting aside the sale deed. As per plaint allegation, a suit land was recorded in the name of Monai Church of Canada Missionary, Dhar India and Smt. E.P. Das Wd/o Dr. Ratnagar Peeter Das being the Director thereof, was in possession and management of the said Missionary. The plaintiffs have further stated that they are the daughters of Late Ratnagar Das and there was one son Sudhir Das(petitioner) also. It was further alleged that the mother of the respondents no.1 and 2 died on 12/03/2012 and before her death she was suffering from serious diseases. It was further stated that the petitioner sold the suit land to the other respondents by registered sale-deed dated 17/06/2009 through the attorney of Smt. E.P. Das.

(3.) After receiving the summons, the petitioner filed an application under Order 7 Rule 11 of CPC for rejection of the plaint on the ground that the suit is barred by limitation and the trial Court has no jurisdiction to entertain the suit and further that the suit has not been properly valued.