gst 1 cra918.10.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL REVISION APPLICATION NO. 918 OF 2010 Vinayak Kondiba Hanamghar... .... .... ..Petitioner. V/s Sou. Phulabai Maruti Pasalkar & Ors. ... .... ..Respondents. Mr.A.Y.Sakhare, Sr. Adv. With Mr.Siddharth R. Kaspe, i/by YKS Legal, Adv. For the petitioner. Mr.Sandeep Marne, Adv. For respondent No.1. CORAM: B.R. GAVAI, J. 22nd March, 2011 PC: By way of present petition, the petitioner challenges the order dated 13.8.2010 vide which an application filed by the present petitioner under Order 7 Rule 11(d) for rejection of plaint came to be rejected. 2. The respondent-plaintiff filed a suit for declaration that the alleged power of attorney allegedly executed by him in favour of defendant No.3 dated 27.12.95 is null and void and the sale deeds executed on behalf of the said power of attorney by defendant No.3 in favour defendant Nos.1 and 2 are null void. In the said suit an application is filed by the present petitioner contending therein that since the respondent-plaintiff was challenging the power of attorney dated 27.2.95 suit filed in the year 2009 was clearly beyond limitation. 3. Learned counsel for the respondent No.1-plaintiff submits that learned Judge has given sound and cogent reasons for rejecting the application and as such no interference is warranted. 4. While considering an application under Order 7 Rule 11(d) the Court would be required to look into the averments made in the plaint. The averments made in the plaint clearly reveal that the plaintiff has averred that he came to gst 2 cra918.10.sxw know about the power of attorney dated 27.12.95 only after he came to know about execution of sale deed dated 8.12.08. In that view of the matter, issue of limitation cannot be decided unless the parties are permitted to lead evidence in that behalf. Hence no irregularity could be noticed in the approach adopted by the learned trial Court in rejecting the application. Revision Application is therefore rejected.