IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI

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ON THE 19 OF FEBRUARY, 2026 CIVIL REVISION No. 1293 of 2025 MAHESH Versus SMT. SUNITA AND OTHERS Appearance:

Shri Vivek Nagar - Advocate for the petitioner.

ORDER

1. This civil revision has been preferred under Section 115 of the CPC by the applicant against the impugned order dated 1.09.2025 whereby an application filed under Order 7 Rule 11 by the applicant/defendant before the learned trial Court has been dismissed.

2. The plaintiff / respondent has filed a civil suit RCS A/08/2025 before the Civil Judge, Class I, Rajpur, District Barwani, for specific performance of contract, declaration and permanent injunction on the basis of sale deed dated 23.5.2016. In that suit petitioner / defendant has filed an application under Order 7 Rule 11 of the CPC for rejection of the plaint on the ground that suit is barred by limitation specifically stating that in the agreement itself it was mentioned that on the basis of agreement the sale deed will be executed within a period of six months, however that the same has not complied with and, therefore, the suit is barred by limitation, but the applicatio