1. Being aggrieved by order dated 3.8.2016 passed by Civil Judge

Class-II, Indore in Civil Original Suit Number 37-A/2015, whereby the application under Order VII rule 11 of the Code of Civil Procedure, 1908 filed by the petitioner/defendant No.1 challenging the maintainability of the suit has been dismissed; the petitioner has preferred the present petition.

2. Facts in brief are that the respondent No.1/plaintiff is a housing cooperative society. Petitioner claims to be a member of the society. The society sold a plot number 301, situated at Mangal Nagar, Gram Bicholi Hapsi Road, Indore vide registered sale deed dated 22.7.2014. The plot was mutated in the name of petitioner. Alleging that the sale was made by erstwhile office bearer of the society against the bye-laws of the society, concerned department directed the society to take steps to get the sale deed cancelled. The society then filed a civil suit for declaring the sale deed and mutation entries made pursuant thereto null and void and also for injunction.

3. Contesting the suit, the petitioner filed an application under Order VII rule 11 CPC stating that (i) the suit is barred by law, as it has been filed after 12 y