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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
GANESH RAM MEENA
A.K.G. Affordable Housing Private Limited – Appellant
Versus
Prakash Kumar Sharma S/o Late Shri Durgalal Sharma – Respondent
| Table of Content |
|---|
| 1. the nature and context of the civil revision petition. (Para 1 , 2) |
| 2. factual background regarding the plaintiffs and property. (Para 3 , 4) |
| 3. the court below's dismissal of the application. (Para 5) |
| 4. arguments regarding limitation and earlier suits. (Para 6 , 7) |
| 5. plaintiffs' counterarguments and legal standing. (Para 9 , 10) |
| 6. court's analysis of the rejection of the plaint under order vii rule 11. (Para 11 , 12 , 13 , 14) |
| 7. establishment of limitation as a mixed question of fact and law. (Para 21 , 22 , 24) |
| 8. final dismissal of the revision petition. (Para 26 , 27 , 28 , 29) |
ORDER :
1. Both-Civil Revision and Civil Misc. Appeal No. 5235/2024 arise out of one suit, were continuously listed together since last so many dates and with the consent of the parties, it was heard along-with the connected civil misc. appeal. The connected Civil Misc. Appeal No.5235/2024 is in regard to the order of temporary injunction and this revision petition is in connection with order on an application filed under Order VII Rule 11 CPC. This revision petition which was heard along-with the connected civil misc. appeal is being decided by a separate order.
2. This civil revision petit
Limitation period for suits involving cancellation of sale deeds and declarations is a factual issue that requires proper examination, and prior suits do not preclude new claims if possession remains....
A plaint can be rejected under Order VII Rule 11 if it is barred by limitation or fails to disclose a cause of action, emphasizing the necessity for clear and truthful averments.
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
The rejection of a plaint under Order VII Rule 11 CPC on grounds of limitation requires a full trial when the issue involves mixed questions of law and fact.
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