Present revision petition under Section 115 of CPC has been filed against the order dated 16.09.2022 passed by Civil Judge, Sr. Division, Bhander, District Datia in Case No. 26-A/2019, whereby, an application under Order 7 Rule 11 of CPC has been dismissed.

The facts in brief to decide this petition are that a civil suit was filed by the respondent No.1/plaintiff for declaration and permanent injunction. During pendency of the Civil Suit at the stage of recording of evidence an application under Order 7 Rule 11 of CPC was filed by the petitioner/defendant for dismissal of the suit on the ground that the suit is barred by limitation. Thus, said application was dismissed by the order impugned. Against which present civil revision has been filed before this Court.

Learned counsel for the petitioner argued that the impugned order is per se illegal and against the settled principle of law. It is further argued that the suit is filed against the order dated 19.10.2015 passed by the learned Tahsildar in respect to mutation. However, this suit is filed in the year of 2019 and as per Article 100 of Limitation Act, the limitation for filing the suit is three years, under these circumst