This Civil Revision Petition has been filed by the petitioner-
defendant No.1 (for short ‘the defendant No.1’) under Section 115
CPC against the order dated 21.10.2023 passed by Additional Civil
Judge and Metropolitan Magistrate No.18, Jaipur Metropolitan-II,
Headquarters, Amer in Civil Suit No.20/2023 (CIS No.25/2023),
whereby the application filed by the defendant No.1 under Order 7
Rule 11 CPC has been dismissed.
[2025:RJ-JP:19486] (2 of 4) [CR-7/2024]
Learned counsel for the defendant No.1 submits that the
respondent No.1-plaintiff (for short ‘the plaintiff’) filed a suit
against the defendants for declaring the registered sale deed
dated 26.08.1993 as null and void and permanent injunction.
Learned counsel for the defendant No.1 also submits that
defendant No.1 filed an application before the trial court under
Order 7 Rule 11 CPC that the said sale deed was executed on
26.08.1993 by father of plaintiff because he had 1/2 share of the
disputed property, which was registered on 16.07.1994. Learned
counsel for the defendant No.1 also submits that the plaintiff had
suppressed the fact in the plaint that prior to registration of the
sale deed, one declaration deed was executed by the plaintiff on
30.08.1993 that he had knowledge regarding sale deed and he
had no share and interest in the property. Learned counsel for the
defendant No.1 also submits that the plaintiff had filed a suit after
a lapse of about 30 years and no cause of action accrued to the
plaintiff. So, present petition filed by the defendant No.1 be
allowed and the order dated 21.10.2023 passed by the trial court
be set aside.
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