SAVITRI DEVI Vs. DAULAT RAM

JUDGEMENT

(1.) Present revision petition has been filed challenging the order dtd. 10/4/2024 (Annexure P-4) whereby the application filed by the defendant No.6-petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908 has been dismissed.

(2.) Briefly stated the facts relevant to the present lis are that plaintiff-respondent Nos.1 to 7 herein filed a suit for declaration and permanent injunction. In the said suit an application was filed by the defendant No.6-petitioner herein under Order VII Rule 11 CPC for rejection of the plaint on the ground that the same was barred under Order II Rule 2 CPC. Reply was filed to the said application. Vide the impugned order the said application has been dismissed. Aggrieved by the same, present revision petition has been filed.

(3.) Learned counsel for the defendant No.6-petitioner would contend that the suit was clearly barred by Order II Rule 2 CPC as earlier a case had been filed being Civil Suit No.54652-2013 titled 'Savitri Devi vs. Dault Ram etc.' which was dismissed. Further, the appeal was partly allowed and that the defendants had been declared owner of the land on the basis of the sale deed dtd. 2/7/2009 hence the application under Order VII Rule 11 CPC ought to have been allowed.