DEVI RAM Vs. MOHENDER

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 17/12/2022, whereby his application under Order 7 Rule 11 of the Code of Civil Procedure (CPC) for rejection of plaint was dismissed by the learned trial Court.

(2.) Respondent No.1 filed a civil suit against the petitioner (defendant No.1). The suit was with the prayer for decree of declaration that the plaintiff is joint owner in possession of suit land alongwith defendant No.1 and proforma defendants No.2 to 6. Further declaration was prayed for that the family settlement deed dtd. 22/12/2014 be declared as illegal, void ab-initio and not binding upon the plaintiff and proforma defendants. Consequential relief of permanent prohibitory injunction for restraining the defendant from interfering into joint ownership and possession of plaintiff over suit land, was also prayed for. In the alternative, decree for joint possession was also requested.

(3.) Defendant No.1 (present petitioner) filed his written statement. Thereafter an application under Order 7 Rule 11 of the Code of Civil Procedure was also moved by defendant No.1 for the rejection of plaint. The rejection was prayed on the ground that the plaint did not disclose any cause of action and the relief prayed for was barred by limitation. It was pleaded that father of the parties, Sh. Dhani Ram had died on 21/1/2017 and the suit for declaration was filed filed more than three years after his death.