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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R. MADHUSUDHAN RAO
Nalla Leela Rani – Appellant
Versus
Marka Raju – Respondent
ORDER :
1. The present Civil Revision Petition is filed under Article 227 of Constitution of India assailing the order in I.A.No.86 of 2022 in O.S.No.188 of 2022, dated 13.09.2023 passed by the learned I Additional District Judge, Warangal.
2. Petitioner herein is the petitioner-defendant No.8, respondent Nos.1 and 2 are the respondent No.1 and 2-plaintiffs, respondent Nos.3 to 9 are other respondents-defendants in I.A.No.86 of 2022, which is filed under Order VII Rule 11 of CPC to reject the plaint i.e., O.S.No.188 of 2022.
3.1. Learned counsel for the petitioner submits that the learned trial Court erred in dismissing the application filed for rejection of plaint. Learned trial Court ought to have seen that petitioner has specifically pleaded that she is neither a party to the agreement of sale dated 12.05.2011 between respondent Nos.1 and 2-plaintiffs and respondent Nos.3 to 9-defendant Nos.1 to 7, there is no transaction as such and there is no cause of action for respondent Nos.1 and 2-plaintiffs to implead and add the petitioner-defendant No.8 in the suit.
3.2. Learned trial Court erred in rejecting the petition on the ground that the respondent Nos.3 to 9-defendant Nos.1 to 7 an
The court upheld that a party not privy to an agreement can still be implicated if justified; limitations in such cases must be assessed through full trial, not on technicality.
The court emphasized that a plaint can only be rejected if it does not disclose a cause of action, and issues of limitation are triable matters.
The court ruled that a suit filed after a lengthy delay is barred by limitation, establishing that the commencement of limitation can start from an earlier event, not just the filing date.
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