The court held that the question of limitation is a mixed question of law and fact, which cannot justify rejection of a plaint at the threshold without trial.

ORDER :

1. Heard Sri Revanna Bellary, learned counsel for the petitioner and Sri R.S. Hegde, learned counsel for the respondent No.1.

2. Defendant Nos.1 to 4 are the revision petitioners, challenging the validity of the order passed by the Civil Judge, Senior Division, Sira, rejecting the application filed by the revision petitioners under Order VII Rule 11 (a) to (e) of CPC.

3. Parties are referred to as plaintiffs and defendants for the sake of convenience as per their original ranking before the trial Court.

4. Facts in the nutshell which are at most necessary for disposal of the present revision petition are as under:

5. First respondent and other respondents being the plaintiffs filed a suit with the following prayer in respect of the following property (hereinafter referred to as the ‘suit property):

PRAYER:

“Wherefore the plaintiffs pray that this Hon'ble Court may be pleased to pass judgment and decree in the suit in favour of the plaintiffs and against defendants.

a. for partition of 1/4^th share jointly allotted to plaintiff Nos.1 to 4 and 1/4^th share jointly allotted to plaintiff Nos.5 to 7 and defendant No.6 and separate possession of item Nos. 1 to 5 of schedule properties, holding that the following sale deeds and partition deed are not binding on the plaintiffs shares namely:

1. Sale Deed dated 08.03.2006 registered as document NO.SRA-1-02242/2005-06, stored in CD NO.SRAD 16, dated 03.03.2006, executed by Late Sri Rangashamaiah and others in favor of defendant No.2 in respect of item No.1 of schedule property.

2. Partition deed dated 21.03.2016, registered a Document No.SRA-1-08157/2015-16, entered into between defendant Nos.1 to 4 in respect of item Nos.1, 3, 4 & 5 of schedule properties.

3. Sale deed dated 28.03.2016, registered as Document No.SRA-1-08354/2015-16, stored in CD No.SRAD 265 executed by defendant Nos.1 and 2 in favour of defendant No.7 in respect of Site No.6 in item No.1 of schedule property.

4. Sale deed dated 28.03.2016, registered as Document No.SRA-1- 08364/2015-16, stored in CD NO.SRAD 265 executed by defendant Nos.1 and 2 in favour of defendant No.7 in respect of Site No.11 in ltem No.1 of scheduie property.

5. Sale deed dated 28.03.2016, registered as Document No.SRA-1-08357/2015-16, stored in CD NO.SRAD 265 executed by defendant Nos.1 and 2 in favour of defendant No.7 in respect of Site No.14 in ltem No.1 of schedule property.

6. Sale deed dated 28.03.2016, registered as Document No.SRA-1-08346/2015-16, stored in CD No.SRAD 265 executed by defendant Nos.1 and 2 in favour of defendant No.7 in respect of Site No.15 in ltem No.1 of schedule property.

7. Sale deed dated 28.03.2016, registered as Document No.SRA-1-08356/2015-16, stored in D No.SRAD 265 executed by defendant Nos. 1 and 2 in favour of defendant No.7 in respect of Site No.17 in ltem No.1 of schedule property.

8. Sale deed dated 28.03.2016, registered as Document No.SRA-1-08365/2015-16, stored in CD No.SRAD 265 executed by defendant Nos.1 and 2 in favour of defendant No.7 in respect of Site No.18 in ltem No.1 of schedule property.

9. Sale deed dated 06.06.2016, registered as Document No.SRA-1-01180/2015-16, stored in CD NO.SRAD 270 executed by defendant No.2 in favour of defendant No.8 in respect of Site No.8 in ltem No.1 of schedule property.

10. Sale deed dated 06.06.2016, registered as Document No.SRA-1-01177/2015-16, stored in CD NO.SRAD 270 executed by defendant No. 2 in favour of defendant No.8 in respect of Site No.9 in Item No.1 of schedule property.

11. Sale deed dated 29.04.2016, registered as Document No.SRA-1-00485/2016-17, stored in CD NoSRAD 268 executed by defendant No.2 in favour of defendant No.9 in respect of Site No.7 in item No.1 of schedule