NAND KISHORE Vs. KANYABAI

JUDGEMENT

(1.) This civil revision petition has been filed by the petitioners- defendants (for short 'the defendants') under Sec. 115 CPC against the order dtd. 5/12/2018 passed by Senior Civil Judge, Chabra, District-Baran (for short 'the trial Court') in Civil Suit No.49/2015, whereby the application filed by the defendants under Order 7 Rule 11 read with Sec. 151 CPC has been dismissed.

(2.) Learned senior counsel for the defendants submits that respondent Nos.1 and 2-plaintiffs (for short 'the plaintiffs') filed a civil suit for declaration, cancellation of sale deed dtd. 25/10/1985 and permanent injunction against the defendants in which defendants filed an application under Order 7 Rule 11 CPC mentioning that the present suit was filed by the plaintiffs in the year 2015. He further submits that plaintiffs wrongly mentioned that the cause of action accrued on 5/10/2015 when they came to know about the sale deed dtd. 25/10/1985.

(3.) Learned senior counsel for the defendants also submits that suit filed by the plaintiff was time barred. They had to file the suit within 3 years of the execution of the document.