JUDGMENT

Sanjay S. Agrawal, J. - This Revision Petition has been preferred by Defendant No.5 M/s I. Square Infrastructure & Developers questioning the legality and propriety of the order dated 31.03.2018 passed by the trial Court in Civil Suit No.118-A/2014, whereby the suit as framed has been held to be instituted from the date when the leave for its institution has been accorded, while entertaining the issue No.8, under Section 91 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ''CPC''). The parties to this petition shall be referred hereinafter as per their description in the Court below

2. Briefly stated the facts of the case are that the Plaintiff, a registered society, instituted a suit claiming declaration of civil rights and also for protection from public nuisance by way of injunction in a mandatory form with regard to the property in question admeasuring 0.42 acres of land forming part of Khasra No. 406 total admeasuring 5 acres situated at village Risali, Tehsil and District Durg. According to the Plaintiff, the owners of the said property, had applied for a development plan before the Director, Town and Country Planning, Durg and it was sanctioned by