PRAVEENA DEVI Vs. MAHENDRA SINGH RANAWAT

JUDGEMENT

(1.) All these revision petitions shall stand decided by this common order, as the issue involved is identical. For convenience, the facts are being extracted from SB Civil Revision Petition No.130/2019.

(2.) Instant revision petition has been preferred by the petitioner- defendant challenging the order dated 19.07.2019 passed by the Judge, Family Court, Sirohi in Civil Original Suit No.16/2018 (20/2015), whereby the application filed by the petitioner - defendant under Order 7 Rule 11 CPC was dismissed.

(3.) Learned counsel for the petitioner, while challenging the impugned order, submits that the respondent - plaintiff filed a suit before the court below for declaring the Patta No. 80 dated 05.04.2002 to be null and void. Since the document sought to be declared null and void was executed on 05.04.2002 and the limitation prescribed for filing the suit to declare the said instrument to be null and void is three years but the plaintiff has filed the suit after 13 years, which is beyond prescribed period of limitation and as such the same is liable to be dismissed on the ground of limitation. It is further argued that the issue regarding limitation ought to have been decided as preliminary issue but the trial court has not considered this aspect of the matter and simply rejected the application under Order 7 Rule 11 CPC. In support of the contention, learned counsel for the petitioner has relied upon the following judgments passed by this court :-