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2022 Supreme(SC) 238

M. R. SHAH, B. V. NAGARATHNA
Premlata @ Sunita – Appellant
Versus
Naseeb Bee – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Akshat Shrivastava, AOR Ms. Pooja Shrivastava, Adv. Mr. Vinod Prasad, Adv.
For the Respondent(s): Dr. J. P. Dhanda, AOR

JUDGMENT

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27.11.2019 passed by the High Court of Madhya Pradesh at Jabalpur in Civil Revision Application No.385 of 2019 by which the High Court has allowed the said Revision Application and has quashed and set aside the order passed by the learned trial Court dismissing the application under Order 7 Rule 11 of Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) preferred by the respondents herein – original defendants and consequently allowed the said application under Order 7 Rule 11 CPC and has rejected the plaint on the ground that the suit would be barred under the provisions of Section 257 of M.P. Land Revenue Code, 1959 (hereinafter referred to as the ‘MPLRC’), the original plaintiff has preferred the present appeal.

2. The facts leading to the present appeals in nutshell are as under:

2.1 That the appellant herein – original plaintiff initially filed the original proceedings before the Revenue Authority/Tehsildar under Section 250 of MPLRC. The respondents herein ­ original defendants raised the objection against the maintainability of the application under Section 250 of


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