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2016 Supreme(MP) 563

ROHIT ARYA
Omprakash – Appellant
Versus
Pushpa Bai – Respondent


Advocates:
P. C. Chandil for petitioners.

ORDER

1. None for the contesting respondent No.1, despite service of notices as per process server's report dated 18.1.2016. Hence, this revision petition is taken up for consideration.

2. The controversy involved in this revision petition under section 115 CPC at the instance of defendants against the order dated 8.8.2015 passed in Civil Suit No.106A/2014 by III Civil Judge, Class-II, Sheopur, revolves around the scope of the provision under Order VII rule 11(d) CPC. For ready reference, Order VII rule 11(d) CPC reads as under :

“Order VII Plaint.

…. …. ....

11. Rejection of plaint— The plaint shall be rejected in the following cases : -

…. …. ….

(d) where the suit appears from the statement in the plaint to be barred by any law :

3. Before addressing upon the aforesaid proposition, it is necessary to reiterate the relevant facts. A suit for declaration and permanent injunction has been filed in relation to parcels of agricultural land situated in village Baroda, District Sheopur as described in paragraph 1 of the plaint and as mentioned in paragraph 1 of the writ petition on the strength of continuous, uninterrupted






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