AMAL KUNDU Vs. SUNIL KUNDU

JUDGEMENT

(1.) This application is at the instance of the defendant and is directed against the order dated December 12, 2012 passed by the learned Civil Judge (Senior Division), 5th Court, Alipore in Title Suit No.44 of 2010 thereby rejecting an application under Order 7 Rule 11 of the C.P.C.

(2.) The plaintiffs/opposite parties herein instituted the aforesaid suit for a decree of declaration that the defendant has no right to claim the suit property as described in the schedule to the plaint, a decree of declaration that the decree passed in Title Suit No.137 of 2001 dated October 12, 2001 had been obtained by fraud and the same is a nullity in the eye of law, a decree of declaration that if any deed of settlement favouring Anita Kundu be found to have been allegedly executed by Hari Mohan Kundu, since deceased, the same be declared as null and void and other consequential reliefs.

(3.) In the suit the defendant/petitioner herein entered an appearance and filed an application under Order 7 Rule 11 of the C.P.C. contending, inter alia, that the suit is barred by limitation and so, the plaint should be rejected. That application was rejected by the impugned order. Being aggrieved, the defendant has preferred this application.