NAFR Digitally VISHAKHA signed by BEOHAR VISHAKHA HIGH COURT OF CHHATTISGARH AT BILASPUR BEOHAR CR No. 39 of 2023

1 - Ramavtar Singh S/o Late Baldev Singh Aged About 46 Years R/o Naya Mangal Bazar, Gudiyari, Raipur, Tehsil And District- Raipur Chhattisgarh .............................. (Defendant No. 1) ... Applicant versus

1 - (Died And Deleted) Suklal, As Per Hon'ble Court Order Dated.

13/09/2023.

2 - Uma Nishad W/o Prabhu Nishad Aged About 51 Years D/o Late Sukalu Nishad R/o Near Prabhu Kirana Stores, Gudiyari, Raipur, Tehsil And District - Raipur, C.G. ................ (Plaintiff No. 2) 3 - Munna Nishad S/o Gayaram Nishad Aged About 54 Years Mother Sukhvanti, R/o Koilari, Post - Budha, Tehsil - Kawardha, District - Kawardha - Kabirdham, C.G. .............. (Plaintiff No. 3) 4 - Smt. Veena Singh Wd/o Late Someshwar Singh Aged About 70 Years R/o Naya Mangal Bazar, Gudiyari, Raipur, Tehsil And District - Raipur Chhattisgarh ...................... (Defendant No. 2) 5 - (Died) Kamal Singh, Through Legal Heirs. As Per Hon'ble Court Order Dated. 13/09/2023. 5.1 - (A). Smt. Manisha Thakur, Wd/o Late Kamal Singh, Aged About 35 Years R/o. Naya Mangal Bazar Gudiyari, Raipur Tehsil And District - Raipur, Chhattisgarh. 5.2 - (B). Shrishti Thakur, D/o. Late Kamal Singh, Aged About 12 Years R/o. Naya Mangal Bazar Gudiyari, Raipur Tehsil And District - Raipur, Chhattisgarh. Respondent No. 5b To 5c Are Minors Thorugh Legal Guardian Mother Smt. Manisha Thakur, Wd/o. Late Kamal Singh, Aged About 35 Years.

5.3 - C). Shurya Pratap Thakur, S/o. Late Kamal Singh, Aged About 9 Years R/o. Naya Mangal Bazar Gudiyari, Raipur Tehsil And District - Raipur, Chhattisgarh. Respondent No. 5b To 5c Are Minors Thorugh Legal Guardian Mother Smt. Manisha Thakur, Wd/o. Late Kamal Singh, Aged About 35 Years. 6 - State Of Chhattisgarh Through The Collector - Raipur, District - Raipur, Chhattisgarh ............. (Defendant No. 4) .. Respondents (Cause-title taken from the Case Information System)

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For Applicant :- Mr. Shobhit Koshta, Advocate For State :- Mr. Rahul Tamaskar, Govt. Advocate For Respondent No. 1 :- Mr. Shattabdi Benerjee, Advocate on behalf of Mr. Roshishek Verma, Advocate -----------------------------------------------------------------------------------------------

SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

24.11.2025

1. The applicant/defendant No. 1 has filed the present revision under Section 115 of the CPC, questioning the legality and validity of the order dated 21.02.2023 passed in Civil Suit No. 392A/2021 by the Fifth Additional Judge to the Court of Civil Judge, Class-I, Raipur, District Raipur (C.G.). By the said order, the trial Court has dismissed the application filed by defendant No. 1 under Order VII Rule 11 of the CPC, holding that the valuation of the plaint has been properly made by the plaintiff.

2. The brief facts of the case are that the the plaintiffs filed a civil suit seeking declaration of title, permanent injunction, and a declaration that the sale deed dated 06.07.1984 is null and void, contending that the suit land bearing Khasra No. 568, total area 0.757 hectares, originally belonged to them and their ancestors, and that a portion of it (Khasra No. 568/2, area 0.370 hectares) had been taken as additional land in a ceiling case but was subsequently restored to them in 2018. They further pleaded that although they had sold land after obtaining permission from the competent authority to the defendants in 1984 and had also mortgaged a part of it earlier, the sale deed has become invalid since the additional ceiling land has now been reverted to them, and cause of action arose on 31.03.2021 when the defendants’ names continued in the revenue records. During the suit, the defendants filed an application under Order 7 Rule 11 CPC seeking rejection of the plaint on grounds of limitation, absence of cause of action, admis