NILAKSH Vs. USHA

JUDGEMENT

(1.) The present revision petition has been filed aggrieved of order dtd. 17/1/2026 (Annex.7) passed by Family Court, Sirohi in Civil Original Suit No.11/2025 (23/2025) whereby application under Order 7 Rule 11, CPC as filed on behalf of the defendant, stood dismissed.

(2.) The application under Order 7 Rule 11, CPC was filed on several grounds; one of them being that the suit was barred in terms of Order 2 Rule 2, CPC. The second ground was raised regarding court fee, third regarding limitation and the fourth ground was qua mis-joinder/non-joinder of the parties.

(3.) The learned Trial Court while dealing with the grounds as raised, recorded a finding that the earlier suit as filed by the plaintiff stood decided on 23/7/2024 (Annex.2). Vide the said judgment, no issue regarding ownership of the property was decided as the suit was under Sec. 6 of the Specific Relief Act, 1963. Therefore, the present suit could neither be said to be barred by limitation nor could the same be governed by Order 2 Rule 2, CPC.