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2012 Supreme(Pat) 9

V.NATH
I. T. C. – Appellant
Versus
Shakuntala Devi – Respondent


Advocates:
For the Petitioners: M/s K.N. Chaubey, Ranjit Kr. Das, Jayant Roy Choudhary, Rohitabh Das.
For the Opp. Parties : M/s Kumar Uday Singh, Uday Pratap Singh-1, Shyamal Prakash, Rao Kundan Kr. Karmvir, Rana Vikram Singh.

V. NATH, J.:–The ambit of the jurisdiction of the Court to reject a plaint under Order 7 Rule 11 (d) of the Code of Civil Procedure on the ground of bar of the suit by limitation and the validity of the impugned order passed by the court below deferring the adjudication in this regard to the time of hearing of the suit are the primal questions involved in this revision application.

2. Heard the parties at length.

3. This revision application has been filed against the order dated 06.12.2004 passed by Sub Judge II, Munger in T.S.No. 20/93 rejecting the petition dated 06.09.1994 filed by the defendant 1st Set praying for rejection of the plaint under Order 7 Rule 11 C.P.C.

4. By order dated 14.12.2007 this revision application has been admitted for hearing and the submissions on behalf of the petitioner has been succinctly mentioned in the order.

5. The plaintiff opposite party 1st Set has filed T.S.No.22/93, wherein the revision petitioner has been impleaded as defendant 1st party besides other defendants who are opposite parties 2nd Set to opposite party 6th Set in this revision application, for the following reliefs:-

(a) The court may be pleased to pass a decree for eviction against d





















































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