NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR No. 154 of 2023

1. Anita Gupta Wife Of Mahesh Gupta, Aged About 36 Years Caste - Rauniyar, No. 1 Is Occupation Housewife, No.2, 3 And 4 Are Occupation Business (Bhumi Dalali), No. 1, 2 And 4 Resident Of Village Madanpur, Injako, And No. 3 Is Resident Of Village Pathalgaon, Tahsil And P.S. - Pathalgaon, District - Jashpur, Chhattisgarh. (De-

fendants No. 1 To 4)

2. Mahesh Gupta Son Of Bandhu Gupta, Aged About 34 Years Caste - Rauniyar, No. 1 Is Occupation Housewife, No.2, 3 And 4 Are Occupation Business (Bhumi Dalali), No. 1, 2 And 4 Resident Of Village Madanpur, Injako, And No. 3 Is Resident Of Village Pathalgaon, Tahsil And P.S. - Pathalgaon, District - Jashpur, Chhattisgarh.

3. Sunil Gupta Son Of Devichand Gupta, Aged About 33 Years Caste - Rauniyar, No. 1 Is Occupation Housewife, No.2, 3 And 4 Are Occupation Business (Bhumi Dalali), No. 1, 2 And 4 Resident Of Village Madanpur, Injako, And No. 3 Is Resident Of Village Pathalgaon, Tahsil And P.S. - Pathalgaon, District - Jashpur, Chhattisgarh.

4. Roshan Gupta Son Of Arun Gupta Aged About 35 Years Caste - Rauniyar, No. 1 Is Occupation Housewife, No.2, 3 And 4 Are Occupation Business (Bhumi Dalali), No. 1, 2 And 4 Resident Of Village Madanpur, Injako, And No. 3 Is Resident Of Village Pathalgaon, Tahsil And P.S. -

Pathalgaon, District - Jashpur, Chhattisgarh.

---- Petitioners/Defendants No.1 to 4.

Versus

1. Sadananad Maitri Son Of Late Ratthu Ram, Aged About

58 Years Occupation Cultivator, Caste Mowar, Resident Of Bilaitangar, Pathalgaon, Tahsil Pathalgaon, District -

Jashpur Nagar, Chhattisgarh. (Plaintiff)

2. State Of Chhattisgarh Through Collector, Jashpur Nagar, District - Jashpur Nagar, Chhattisgarh. (Defendant No.

5)

---- Respondents CAUSE TITLE TAKEN FROM CIS PERIPHERY ---------------------------------------------------------------------------------------------

For Applicants : Ms. Sangeeta Soni, Advocate For State/Respondents : Mr. Rajeev Bharat, Govt. Advocate.

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Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

20/02/2024

1. This Petition has been filed against the order dated

31.08.2023 passed by the Additional District Judge, Camp Court Pathalgaon of Kunkuri District, Jashpur, Chhattisgarh in Civil Suit No.03-A/2023, whereby the application preferred by the petitioners/defendant Nos.1 to 4 under order 7 rule 11 of C.P.C. was dismissed.

2. Brief facts of the case are that respondent No.1/plainti has filed a Civil Suit for declaration of the registered sale deed dated 09.11.2018 as void and for the confir- mation of possession and permanent injunction by al- leging that the husband of defendant No.1 in a fraudu- lent manner, without paying any consideration, has ex- ecuted the impugned sale deed on 09.11.2018 and also got mutated his name in the Revenue Records. When the said fact came to his notice on 18.05.2022, the in- stant civil suit has been filed. In such suit, the peti- tioner/defendant No.1 to 4 had preferred an application under order 7 rule 11 of C.P.C. with an averment that the plaintiff/respondent No.1 was having knowledge at the time of the execution of sale deed on 09.11.2018 and for declaration of any deed is time barred. The pe- riod prescribed is three years. Hence the suit is barred by law. The said application has been dismissed by the impugned order, hence this revision petition.

3. Learned counsel for the petitioner would submit that the respondent/plaintiff No.1 was having knowledge at the time of execution of the impugned sale deed dated 09.11.2018 and the suit has been filed after three years so the suit is time barred and the Trial Court ought to have accepted the application filed by the petitioner/de- fendant under order 7 rule 11 of C.P.C. and by rejecting the said application committed material irregularity. So prays that petition be allowed and set aside the im-

pugned order dated 31.08.2023. rejected the plain