THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

ORDER

1. This Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the Order passed by the Junior Civil Judge, at Vemulawada in I.A.No.357 of 2016 in OS.No.112 of 2015, dated 06.01.2023, dismissing the application filed by the petitioner under Order 7 Rule 11(d) of Civil Procedure Code, 1908 (for short ‘CPC’) r/w Section 151 of CPC.

2. Petitioner is the petitioner in IA.No.357 of 2016 and defendant No.2 in the suit i.e., OS.No.112 of 2015. Respondent No.1 is the respondent No.1 in the I.A. and plaintiff in the suit. Respondent Nos.2 and 3 herein are respondent Nos.2 and 3 in the above said I.A. and defendant Nos.1 and 3 in the suit.

3. Learned counsel for the petitioner submits that the Court below without considering the purport of Order 7 Rule 11(d) of CPC simply dismissed the petition filed by the petitioner holding that the petitioner has not made out any case by raising substantial grounds for rejection of plaint. Counsel submits that respondent No.1-plaintiff filed the suit in OS.No.112 of 2015 after 11 years of the alleged simple sale deed dated 16.02.2004 which is barred by law. The learned trial Cour