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2024 Supreme(Online)(TEL) 12794

HIGH COURT OF TELANGANA
P.SREE SUDHA, J
Sri Rajesh Kumar Agarwal – Appellant
Versus
Sri M. Jitender – Respondent


ORDER:

This Civil Revision Petition is filed against the order dated

06.12.2022 in I.A.No.124 of 2022 in O.S.No.325 of 2021 passed by the learned X-Additional Chief Judge, City Civil Court, Hyderabad.

2. Petitioner herein has filed an application in I.A.No.124 of 2022 in O.S.No.325 of 2021, before the trial Court against the respondent, under Order VII rule 11 R/w.151 of C.P.C, for rejection of the plaint filed by the respondent/plaintiff. The trial Court after considering the arguments of both sides, dismissed the application. Aggrieved by the said order, petitioner therein preferred the present Civil Revision Petition.

3. The learned counsel for the petitioner mainly contended that plaint is barred by limitation and it is not maintainable for want of cause of action. He relied upon the provisions of Sections 31 to 33 of the Specific Relief Act, 1963 and also on Sections 54 & 55(4) of the Transfer of Property Act, 1882, but they were not referred by the trial Court. He further referred Sections 91 & 92 of the Evidence Act, 1872, but they were also ignored and overlooked by the trial Court. He also stated he had filed landmark judgments of the Hon’ble Supreme Court of India, but they

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