EXECUTIVE OFFICER, NAGARPALIKA, DESHNOK Vs. LICHHUDAN AND ORS.

JUDGEMENT

(1.) Petitioner-defendant, by the instant revision petition, has assailed order dtd. 7/1/2017, passed by Additional Civil Judge No.3, Bikaner (for short, 'learned Court below'). By the order impugned, learned Court below rejected petitioner's application under Order 7 Rule 11 read with Sec. 151 CPC in a suit for cancellation of sale-deed and perpetual injunction filed by respondent-plaintiffs under Order 1 Rule 8 CPC in representative capacity.

(2.) The facts, in brief, giving rise to this petition are that respondent-plaintiffs filed a suit in representative capacity seeking cancellation of sale-deed dtd. 3/11/1985, which was registered on 7/11/1985 as well as for perpetual injunction, precisely, on the ground that the same is pertaining to Oran land, for which Karni Mata Temple, Deshnok Trust was not authorized. Although, cancellation of the sale-deed of the year 1985 was sought in the year 2016 but it was inter-alia averred in the plaint that respondent-plaintiffs came to know about the sale-deed only in the month of August, 2015. At the behest of respondent- plaintiffs, certain facts were also averred showing accrual of cause of action.

(3.) Resisting the suit, on behalf of petitioner-defendant, an application under Order 7 Rule 11 CPC was filed, inter-alia, on the ground that plaint is not disclosing cause of action and the suit is barred by limitation. Thus, in the application, petitioner-defendant has invoked Clause(a) and (d) of Rule 11 of Order 7 CPC. The application is contested by respondent-plaintiffs by submitting reply. Learned Court below, after hearing arguments, by the order impugned, rejected the application of petitioner-defendant.