DELHI HIGH COURT
JYOTI SINGH
Jamna Devi – Appellant
Versus
Ayodhya Prasad – Respondent
| Table of Content |
|---|
| 1. factual basis of ownership and possession. (Para 1 , 2) |
| 2. grounds for the rejection of the plaint. (Para 3 , 4 , 5 , 6) |
| 3. limitation as a mixed question of law and fact. (Para 10 , 15) |
| 4. principles regarding rejection of plaint under order vii rule 11 cpc. (Para 11 , 12 , 14) |
| 5. dismissal of revision petition. (Para 16 , 17) |
JUDGMENT
Jyoti Singh, J. (Oral)
CM No. 13462/2021 (Exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
C.R.P. 35/2021 and CM No. 13461/2021
1. Present Civil Revision Petition has been filed assailing an order dated 21.01.2021 passed by the learned Trial Court rejecting an application filed by the Defendant under Order VII Rule 11 CPC. The Petitioner herein is the Defendant and the Respondent is the Plaintiff before the Trial Court.
2. Respondent filed a suit bearing No.55/2020 for possession and permanent injunction claiming himself to be the owner of the suit property since 1994 and also claiming that possession of the property was handed over to the late husband of the Defendant in January, 2005, out of love and affection but after his death in August, 2005, Defendant has continued in possession and is refusing t
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