MAHESH KEWALRAMANI Vs. JOGENDRA SINGH

JUDGEMENT

(1.) This revision petition has been filed by the petitioners-defendants (for short, 'the defendants') against the order dtd. 27/7/2021 passed by the trial court, whereby the application filed by the defendants under Order 7 Rule 11 readwith Sec. 151 CPC has been dismissed.

(2.) Facts of the case are that the respondents-plaintiffs (for short, 'the plaintiffs') filed a suit for declaring the sale deeds dtd. 17/12/1963 and 9/7/1968 as null and void and to cancel them; for possession and permanent injunction. During the pendency of the suit, the defendants filed an application under Order 7 Rule 11 readwith Sec. 151 CPC, which came to be dismissed by the trial court vide its order dtd. 27/7/2021. Hence, this revision petition has been filed.

(3.) Learned counsel for the defendants submits that one of the relief sought by the plaintiffs for declaring the sale deeds dtd. 17/12/1963 and 9/7/1968 as null and void, whereas as per Article 59 of the Limitation Act, 1963, limitation for filing such suit is only 3 years, therefore, the suit filed by the plaintiffs was barred by limitation and liable to be rejected on this ground. In support of his contentions, he has placed reliance on the following judgments: