SYED TABIN RUSHAD Vs. MD. SOHAIB

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for respondent 1st Set.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioners for setting aside the order dated 07.03.2019 passed by the learned Sub-Judge-1, Danapur in Title Partition Suit No. 209 of 2018 by which he has rejected the petition dated 23.08.2019 filed under Order VII, Rule 11(d) of the Code of Civil Procedure (for short 'CPC') filed by the petitioners- defendant nos. 14 and 15.

(3.) Learned counsel appearing for the petitioners submitted that the trial court failed to appreciate that the suit was hopeless time barred by law of limitation, which would be apparent from the averments made in the plaint read with order of the Deputy Collector Land Reforms referred in the plaint. He submitted that the trial court has also failed to appreciate that the plaint was cleverly drafted to get over the bar of limitation. He pleaded that the trial court failed to appreciate the ratio laid down by the Supreme Court in Raghwendra Sharan Singh vs. Ram Prasanna Singh , since reported in AIR 2019 SC 1430.