IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 3 OF FEBRUARY, 2026 CIVIL REVISION No. 1349 of 2025 SMT. ARCHANA PATEL AND OTHERS Versus GOVIND TIWARI AND OTHERS Appearance:

Shri Manoj Kumar Sanghi - Advocate for the Petitioner.

ORDER The present Petition has been filed challenging the Order dated 06.11.2025 passed by the Trial Court whereby the Trial Court has rejected the application under Order 7 Rule 11 of the C.P.C. filed by the Petitioner/Defendant.

2. The application was filed on two grounds firstly, that the suit is barred by limitation and secondly, that deficit court fees has been paid on the Plaint.

3. So far as the suit being barred by limitation is concerned, the Trial Court has held that looking to the Plaint assertions, the suit cannot be said to be barred by limitation at the face value of Plaint assertions and therefore, it is a triable issue that whether the plaint is barred by limitation and the Petitioner is at liberty to take requisite objection in the written statement.

4. Therefore, to the extent of the objection of limitation is concerned, the Petitioner would be at liberty to take the objection in written statement