MOHINDER SINGH Vs. INDRA GUPTA

JUDGEMENT

(1.) CIVIL Misc. No.1057 -CII of 2015 Prayer made in the present Civil Misc. Application for placing on record the dated 19.9.2000 passed by the Civil Judge (Junior Division), Patiala Annexure P/8 in civil suit titled Mohinder Singh Vs. Gurbax Singh and others (Annexure P/8) is allowed. Annexure P/8 is taken on record. Office to tag the same at appropriate place in the file. The Civil Misc. Application stands disposed of accordingly. Civil Revision No.8831 of 2014 Challenge in the present revision petition filed under Section 115 of the Code of Civil Procedure is to the order dated 21.11.2014 (Annexure P/7) whereby the application filed by defendant no.1 under Order 7 Rule 11 CPC for rejection of plaint has been dismissed by the Civil Judge (Junior Division), Patiala.

(2.) THE trial Court has come to the conclusion that the issue as to whether the suit was barred by limitation is connected with the merits of the case and is required to be decided along with other issues since fraud has been alleged by the plaintiff/respondent and accordingly application for rejection of plaint has been dismissed.

(3.) THE case has a chequered history and the facts will necessarily have to be gone into in detail.