Civil Revision No.110 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.110 of 2011 (O&M) Date of Decision 13.01.2011 Smt.Anjana Agnihotri and another ...... Petitioners VERSUS Krishan Kumar and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Arun Jain, Senior Advocate, with Mr.U.K.Agnihotri, Advocate, for the petitioners. ***** A.N.JINDAL, J: Challenge in this petition is to the order dated 24.09.2010, passed by the learned Civil Judge (Junior Division), Dabwali, dismissing the application of the petitioners-defendants (herein referred as 'the defendants') under Order 7 Rule 11 CPC for rejection of the plaint. Heard. The petitioners have sought rejection of the plaint firstly on the ground that no cause of action arises in favour of the plaintiffs- respondents (herein referred as 'the plaintiffs') for filing the present suit as no family settlement was entered into between the plaintiffs and defendant No.1 and present suit is collusive one to defeat their rights; secondly the present suit is barred by limitation as plaintiffs came to know regarding the execution of sale deed dated 23.11.2005 on 24.11.2005 and application to challenge the sale deed filed on 21.04.2010 is beyond the period of three years; thirdly the present suit is also barred under Order 2 Rule 2 CPC as the plaintiffs have filed a Civil Suit No.170-C dated 27.02.2006 titled as “Krishan Kumar and others versus Dr.R.S.Agnihotri and others” for a Civil Revision No.110 of 2011 2 decree of permanent injunction, restraining the defendants from causing any type of interference into their peaceful possession. In that suit, the plaintiffs did not challenge the sale deed dated 23.11.2005 and lastly on the ground that plaintiffs in the present suit have challenged the registered sale deed dated 23.11.2005 after fixing the ad-valorem court fee of Rs.25/-. However, the ad-valorem court fee was required to be affixed on the market value of the suit land. Admittedly, all these pleas have been raised by the defendants in the written statement. Since all the pleas raised by the petitioners are the mixed question of law and fact, therefore, the plaint could not be rejected outrightly while deciding the application Under Order 7 Rule 11 CPC. In view of the matter, this petition is dismissed. However, the trial Court is directed to frame the issues, arising out of the pleadings of the parties, and treat the issues with regard to limitation, cause of action, plea with regard to Order 2 Rule 2 CPC and Court fee as preliminary issues. (A.N.Jindal) Judge 13.01.2011 mamta-II