MOHD FAROOQ Vs. YOGESH

JUDGEMENT

(1.) This first appeal is directed against the order dated 16.11.2013 passed by the Additional District Judge No.8, Jaipur Metropolitan, Jaipur (hereinafter referred to as the 'Trial Court') whereby the trial court allowed the application filed by the defendant-respondent under Order 7 Rule 11 CPC and rejected the plaint.

(2.) Brief facts giving rise to this appeal are that a suit for declaration, cancellation of the Patta and Gift Deed and permanent injunction was filed by the plaintiff-appellant against the defendant-respondent, wherein it was stated that the plot Nos.12 & 13 admeasuring 256 square yards, Kailashpuri, Jhotwara, Jaipur were purchased by the plaintiff and Shri Pawan Kumar Sharma jointly, but late Pawan Kumar Sharma got the lease deed of the plot issued in the name of defendant No.4. The lease deed was transferred subsequently in the name of defendant No.3 through a gift deed. This fact came to the knowledge of the plaintiff when late Shri Pawan Kumar filed a written statement in another suit.

(3.) During the pendency of the suit, defendant-respondent filed an application under Order 7 Rule 11 CPC on the ground that since the relief sought for by the plaintiff for cancellation of lease deed dated 202.2002 and registered gift deed dated 30.02005 through a suit which was filed on 07.01.2013, the suit was barred by limitation. The relief of declaration has been sought after a period of 10 years from the date of expiry of the period of limitation. It is also alleged in the application that the plaintiff has no right or authority to institute the present suit as it discloses no cause of action. Since plaintiff has not filed any document in support of the plaint, therefore, the plaint is liable to be rejected under Order 7 Rule 11 CPC.