SUKHRAM Vs. PAPPU

JUDGEMENT

(1.) The instant civil revision petition under Sec. 115 of the CPC has been filed by the petitioners-defendants against the order dtd. 29/11/2022 passed by learned Civil Judge, Suratgarh, District Sri Ganganagar (hereinafter referred to as the learned Trial Court) in Civil Misc. Case No. 33/2018 whereby the learned Trial Court dismissed the application filed by the petitionerrespondent no. 2 under Order 7 Rule 11 read with Sec. 151 of the CPC.

(2.) Learned counsel for the petitioner submits that the learned Trial Court has failed to consider the material available on record and the legal question raised by the petitioners-defendants while passing the impugned order.

(3.) It is submitted that the learned Trial Court while passing the impugned order has failed to consider that the suit was filed by the respondent-plaintiff in the year 2018, in which respondentplaintiff challenged the sale deed dtd. 5/6/1953 after a delay of about 69 years. Thus, it is ex-facie clear that the suit is barred by limitation and the same should have been rejected at the threshold.