SHANKAR LAL Vs. RADHESHYAM

JUDGEMENT

(1.) The present revision petition has been preferred against the order dtd. 21/3/2022 passed by the Senior Civil Judge, Bheem, Rajsamand in Civil Original No. 3/2022 whereby the application under Order VII Rule 11 of the Code of Civil Procedure as preferred by the defendant has been rejected.

(2.) The ground raised in the application under Order VII Rule 11, CPC was that the suit has been filed on the basis of a forged and fabricated document dtd. 25/11/2014 (the sale deed) wherein no consideration amount has been specified and therefore, the said document is void from its inception. An averment that the suit has not been preferred within a period of three years has also been made and it was prayed that the suit be dismissed being time barred. The learned Court below concluded that the question whether the document in question was forged and fabricated, could be decided only after evidence being led on the same and the same cannot be decided on an application under Order VII Rule 11, CPC.

(3.) So far as the ground of the suit being time barred is concerned, the Court below held that a specific averment was made in the plaint that there being an interim order passed by the revenue Court qua the land in question, the sale deed although executed, could not be presented for registration and therefore, the said question also, being factual, could be decided only after evidence being led on the same.