HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE DUPPALA VENKATA RAMANA, J
Smt. Suchitra Dubey – Appellant
Versus
Sattar S/O Late Ibrahim Patel Through Lrs Shammi Patel – Respondent
| Table of Content |
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| 1. trial court's dismissal reasoning (Para 2) |
JUDGMENT
The present Civil Revision under Section 115 of the Code of Civil Procedure, 1908 has been preferred by the petitioner / defendant No.6 being aggrieved by the order dated 02.03.2024 passed by learned 4th District Judge, Indore in Civil Suit No.31-A/2016, whereby her application under Order VII Rule 11 read with Section 151 of the Civil Procedure Code, 1908 for rejection of the plaint has been rejected / dismissed.
02. The aforesaid impugned order dated 02.03.2024 has been challenged on the following factual backdrop that learned Court below has failed to exercise its jurisdiction in not rejecting the subject plaint having been barred by law of limitation. The plaintiffs instituted the suit to abuse the process of law and to harass the defendants as they have filed the subject civil suit No.31-A/2016 on the basis of compromise taken place in Civil Suit No.637-A/1997 dated 21.01.1998.
03. Originally, respondents No.1 to 3 / plaintiffs instituted a suit before learned 4th District Judge, Indore bearing Civil Suit No.31-A/2016 on 11.03.2016 seeking declaration of title to the suit land, for declaration that the mutatio
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