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2023 Supreme(MP) 314

PRANAY VERMA
Suchitra Dubey – Appellant
Versus
Sattar – Respondent


Advocates appeared:
Veer Kumar Jain with Devasheesh Dubey for petitioner; Sunil Kumar Jain with Rishi Paliwal for respondents No. 1, 2 and 4 to 14; Kamal Nayan Airen for respondent No. 3; Yashwardhan Tivari for respondent No. 17.

ORDER

1. This Revision under section 115 of the CPC has been preferred by defendant No.6/petitioner being aggrieved by order dated 5.7.2022 passed by 4th Additional District Judge, Indore in Civil Suit No.31-A/2016 whereby her application under Order 7 rule 11 read with section 151 of the CPC for rejection of the plaint has been rejected.

2. The plaintiffs/respondents No.1 to 3 have instituted an action on 11-03-2016 for declaration of their title to the suit lands, for declaration that mutation in favour of defendants 1 and 2 and the sale deed dated 24.5.2006 executed in favour of defendant No.3 is null and void and for permanent injunction restraining the defendants from interfering with their possession over the suit lands.

3. On 6.5.2022 defendant No.6 filed an application under Order 7 rule 11 of the CPC for rejection of the plaint on the ground that the same is barred by time as per Article 58 of the Limitation Act, 1963. There has been gross suppression of material facts, fraud and malice on part of plaintiffs. Two suits instituted by them earlier have already been dismissed as withdrawn in 2008 and 2009 respectively which fact has been concealed by them. The plaintiffs had

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