Rejection of a plaint under Order VII Rule 11 requires a full trial where factual disputes exist; limitation issues are mixed questions of law and fact.

ORDER :

V.SRISHANANDA, J.

Heard Sri.Nandish Gowda G. B., learned counsel for the revision petitioners and Sri.Sampath Kumar P., learned counsel for respondent Nos.1(b) to (f) and Smt.Sangeetha, learned counsel appearing on behalf of Sri.V.Ravi Prakash, learned counsel for respondent No.2.

2. Defendant Nos.1 to 5 in O.S.No.1178/2012 are the revision petitioners challenging the validity of the dismissal of the application filed under Order VII Rule 11(a) and (d) of Code of Civil Procedure (hereinafter ‘CPC’ for short) in the said suit.

3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under:

3.1. A suit came to be filed by respondent No.1/plaintiff in O.S.No.1178/2012 with the following prayer in respect of following immovable properties:

“Wherefore it is very respectfully pray that the Hon’ble Court be pleased to pass judgment and decree against the defendants for:

a. For partition and separate possession of the plaintiff 1/5^th legitimate share in the suit schedule properties by meets and bounds.

b. Declare and decree that the alleged will dated 01.06.1987 and partition deed dated 08.05.2006 and mutation and revenue entries said to have been obtained by the defendants No.1 to 3 not binding on the plaintiffs legitimate share in the entire suit schedule properties.

c. Enquiry for mesne profit U/o 20 Rule 12 CPC.

d. Draw preliminary decree as allowed under law.

e. Award court cost and such other relief as this Hon’ble Court deems fit to grant under the circumstances of the case in the interest of justice.

SCHEDULE PROPERTIES

Properties situated at Yallapura village, Kasaba Hobli, Arkere post, Tumkur Taluk.

1. Sy.No.6/2, phoded as 6/8, 0-28 guntas 6/9 measuring 0-28 guntas together measuring 1-16 guntas assessed at Rs 1-93 ps. Bounded by:

East: Garden land of Muddaiah, Bheemaiah

West: Land of Chikkamallaiah

North: Land of Puttalingaiah

South: Land of Kodimallaiah

2. Sy.No.11/3 measuring 0-10 guntas, assessed at Rs. 1.20 paisa, bounded by:

East: Puttasiddappa

West: Land of Kodimallaiah

North: Land of Kodimallaiah

South: Land of Narasappa

3. Sy.No.14/2 measuring 0-18 guntas, assessed at Rs.1.62 paisa, bounded by:

East: Land of Kodimallaiah

West: Halla

North: Land of Chikkaramaiah

South: Land of Kempamallaiah

4. Sy.No.13/4 measuring 0-17 guntas, assessed at Rs.1.41 paisa, bounded by:

East: Land of Puttalingaiaha

West: Land of Puttalingaiah

North: Land of Kodimallaiah

South: Land of Erabyraiah and Hucchaiah

5. Sy.No.6/6 measuring 0-03 guntas, assessed at bounded by:

East: Land of Kodimallaiah

West: Land of Erabyraiah

North: Land of Erabyraiah

South: Land of Kodimallaiah

6. Sy.No.94/2 measuring 2-29 guntas, Sy.No.94/3, measuring 3-21 guntas, Sy.No.94/4 measuring 0-09 guntas together 6-19 guntas including kharab, assessed at Rs.6.18 paisa, situated at Arkere village, Kasaba Hobli, Tumkur Taluk, bounded by:

East: Land of Lakshmaiah

West: Tumkuru – Madhugri Road

North: Property of Jayalakshmi Industries

South: Land of Halla Kodilingaiah

7. Malige and red tiled roofed residential house bearing No.25, assessment No.26, 55, 57/63 property No.32, 56, 57 measuring 28 feet x 12 feet and 16 feet x 18 feet, situated at Yallapura village, Swandenahalli Panchayathi, Tumakuru Taluk, having common boundaries by:

East: Kodirnallaiah’s Roppa

West: House of Chikkaramegowda

North: Land of Chikkaramegowda

South: Road

3.2. In the plaint, it is contented by plaintiff that Kodilingaiah, son of Chikkanna was the father of the plaintiff who died leaving behind defendant Nos.1 and 2 who are the sons and two daughters namely Lakshmakka and Akkamma.

3.3. Defendant No.3 is the daughter of defe