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2023 Supreme(Online)(KER) 10018

HIGH COURT OF KERALA
C. JAYACHANDRAN, J
THOMAS M. MATHEW – Appellant
Versus
JACOB THOMAS – Respondent


Advocates:
MANU RAMACHANDRAN, M.KIRANLAL, R.RAJESH (VARKALA), SAMEER M NAIR, GEETHU KRISHNAN, SAILAKSHMI MENON, DHANALAKSHMI V.K.2) REJI THOMAS PAPPENAdvocate , ARUN.B.VARGHESE, AISWARYA V.S.(K/001596/2018), ARUN.B.VARGHESE, S.SREEKUMAR (SR.)(S

O R D E R

Dated this the 27th day of November, 2023 Defendants in O.S.No.336/2022 pending before the Munsiff Court, Pathanamthitta, are the revision petitioners herein. They are aggrieved by an order dated 15.10.2022 of the learned Munsiff in I.A.No.4/2022, which dismissed the defendants' application under Order VII, Rule 11 of C.P.C.

seeking rejection of the plaint.

2. Heard Sri.Manu Ramachandran, learned counsel for the petitioners and Sri.S.Sreekumar, learned senior counsel, instructed by Arun B. Varghese, on behalf of the respondents.

3. Learned counsel for the petitioners submitted that the instant suit is hit by Section 4 of the Prohibition of Benami Property Transactions Act, 1988 (the Act, for short) as also, by the provisions of the Limitation Act. In elaboration, learned counsel invited the attention of this Court to to point out that the transaction which has been pleaded in the plaint is nothing, but one which falls within the teeth of and such a suit is clearly barred, inviting the wrath of Order VII Rule 11 of C.P.C. On the question of limitation, learned counsel pointed out that the transaction in question was of the year 1994 and a declaration of title in respec

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