MOHAN LAL Vs. JAGDISH PRASAD SONI

JUDGEMENT

(1.) This revision petition is directed against the order dated 29.07.2019 passed by Additional Civil Judge No. 3, Bikaner in Civil Original Case No. 171/2019, whereby the trial court rejected the application filed by the petitioner under Order 7 Rule 11 CPC.

(2.) The facts relevant and necessary for disposal of the present revision petition are that the respondents - plaintiffs filed a civil suit against the petitioner herein and other defendants for permanent injunction seeking following reliefs:

(3.) Upon service of notice, the present petitioner and other defendants, filed written statement. The petitioner also submitted an application under Order 7 Rule 11 CPC with the averment that the plaintiff-respondent has sought relief for cancellation of sale deed executed by the defendant Nos. 2 and 3, the State Government has jurisdiction to grant such relief. It was also averred that the sale deed was executed in the year 2003 and as such, the suit was beyond the prescribed period of limitation, and the same is liable to be dismissed on this ground alone. The point of valuation and the deficiency in Court Fee was also taken in the application and a prayer was made that the application be allowed and the plaint be rejected under the provisions of Order 7 Rule 11 CPC.