DALJINDER SINGH Vs. AMARJIT SINGH JANDU

JUDGEMENT

(1.) THIS Revision Petition has been filed against the order dated 24.7.2001 passed by the trial Court dismissing the application of defendant No. 1-petitioner, under Order 7 Rule 11 CPC for the rejection of the plaint on the ground that the suit was not maintainable being time barred.

(2.) THE learned trial court while dismissing the application had observed that the question as to whether the plaintiff had the locus standi to file the present suit or not, whether Ranjit Kaur was a party to the decree and sale deeds or not and whether the plaintiff was a party to the decrees and sale deeds or not, could be decided only after the parties led evidence. It was further observed that whatever objections the applicant/defendant No. 1 had regarding the limitation in filing the suit could be taken by him in his written statement and that at the stage the contention of neither of the parties could be thrown away outrightly. Accordingly application was dismissed with a direction that the suit shall continue and the defendants including defendants No. 1 were directed to file written statement. Aggrieved against the same defendant No. 1 filed the present Revision Petition in this court.

(3.) FOR the reasons recorded above, present Revision Petition is allowed, order dated 24.7.2001 passed by the trial Court is set aside and the trial court is directed to decide the application under Order 7 Rule 11 CPC, afresh in accordance with law, keeping in view the observations made above.