LEGAL REPRESENTATIVES OF GATTU BAI Vs. DUNGARMAL

JUDGEMENT

(1.) The present revision petition has been preferred against the order dtd. 27/5/2016 passed by the Civil Judge, Chittorgarh in Civil Original Suit No.113/2015 whereby the application under Order 7 Rule 11, CPC as filed on behalf of the defendant stood rejected.

(2.) The grounds raised by the defendant in the application under Order 7 Rule 11, CPC were two fold: firstly, no cause of action arose to the plaintiffs to file the said suit and secondly, the suit was barred by limitation. It was averred that the objections as raised by the plaintiffs under Sec. 47 read with Order 21 Rule 97 and Sec. 151, CPC before the Executing Court, were rejected vide order dtd. 30/5/2012 and the present suit was filed on 3/8/2015 i.e. after a period of more than three years, which is clearly time barred.

(3.) The learned Trial Court proceeded on to reject the application on the premise that the objection petition as filed by the plaintiffs under Sec. 47 read with Order 21 Rule 97 and Sec. 151, CPC was decided by the Executing Court on 3/8/2012 and hence, the suit filed on 3/8/2015 was within limitation.