Maina Bai vs Durga Lal - 2023 Supreme(Raj) 2186

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2186

MAHENDAR KUMAR GOYAL
Maina Bai – Appellant
Versus
Durga Lal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Ashwani Kumar Chobisa.

ORDER :

Mahendar Kumar Goyal, J. - This revision petition, which is reported to be time barred by 177 days, is accompanied with an application under Section 5 of the LIMITATION ACT seeking condonation of delay.

2. For the reasons stated in the application (2248/2019), the same is allowed. Delay in preferring the revision petition is condoned.

3. This revision petition is directed against the order dated 24.01.2019 whereby, the learned District Judge, Bundi (for brevity "the learned trial Court") has dismissed an application filed by the petitioner/defendant No.2 (hereinafter referred to as "the petitioner") under Order 7, Rule 11 CPC.

4. The relevant facts in brief are that the respondents No.1 & 2/plaintiffs filed a suit for cancellation of sale deed, mandatory and permanent injunction against the petitioner and the respondents No.3 to 17 alleging therein that the subject sale deed came to be executed on the basis of a false and fabricated power of attorney. An application filed therein by the petitioner under Order 7, Rule 11 CPC has been dismissed by the learned trial Court vide order dated 24.01.2019.

5. Assailing the order, learned counsel for the petitioner submits that the lear

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