JUDGMENT

S. PANDA, J. - This Writ Petition has been filed by the petitioner challenging the order dated 09.04.2013 passed by the learned District Judge, Sundargarh in Civil Revision No. 1 of 2012 confirming the order dated 06.01.2012 passed by the learned Civil Judge (Junior Division), Sundargarh in C.S. No. 6 of 2009 rejecting an application filed under Order 7, Rule 11 of C.P.C. for rejection of the plaint.

2.The brief facts of the case as narrated are as follows:

The opposite party no. 1 M/s OCL India Ltd., as plaintiff filed C.S. No. 6 of 2009 before the learned Civil Judge (Junior Division), Sundargarh for declaration of right, title, interest, permanent injunction and for recovery of possession. The petitioner-defendant no. 3 appeared in the suit and filed an application under Order 7, Rule 11 of C.P.C for rejection of the plaint on the ground that the plaint does not disclose any cause of action, the relief claimed in the suit is undervalued and the suit is barred by limitation. The plaintiff filed its objection to the said application taking a stand that at paragraph-38 of the plaint it has been stated that the cause of action of the suit arose on 21.03.2008 and 25.03.2008 wh