M.R.SHAH, J - (1.) Leave granted.
(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12.03.2013 passed in Civil Revision No. 1829 of 2006 by the High Court of Judicature at Patna by which the High Court has dismissed the said revision petition and has confirmed the order passed by the learned Munsif, Danapur dated 28.08.2006 passed in Title Suit No. 19 of 2003 by which the learned trial Court rejected the application submitted by the original defendant to reject the plaint in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure (hereinafter referred to as the 'CPC'), the original defendant has preferred the present appeal.
(3.) The facts leading to the present appeal in nutshell are as under: That the original plaintiff and his brother Sheo Prasanna Singh jointly purchased the suit land in question in the year 1965. That the original plaintiff, who is the father of the appellant herein-original defendant, and his late brother Sheo Prasanna Singh executed a registered deed of gift in favour of the appellant herein on 06.03.1981 gifting the suit land and put him in possession thereof. That the appellant herein-original defendant instituted one T.S. (Partition) Suit No. 203 of 2001 against his brothers and others for partition of the joint Hindu family properties. That the respondent herein-original plaintiff in the present suit was also joined as defendant No. 10 in the same suit. It appears that the summon along with a copy of the plaint of the aforesaid partition suit was allegedly served on the plaintiff-respondent herein on 21.12.2001. That Sheo Prasanna Singh died on 15.12.2002. That thereafter, the respondent herein-original plaintiff alone filed T.S. No. 19 of 2003 against the appellant herein-original defendant in the Court of Munsif, Danapur for a declaration that the deed of gift dated 06.03.1981 executed in favour of the appellant herein is showy and sham transaction and no title and possession with respect to the gifted property ever passed to the appellant-original defendant and hence the same is not binding on him. A prayer was also made for confirming his possession over the suit property and in case he is found out of possession, then a decree for recovery of possession be passed. 3.1 That the appellant herein-original defendant after filing his written statement, filed an application under Order 7 Rule 11 r/w Order XIV, Rule 2 CPC for rejection of the plaint on the ground that the suit is clearly barred by law of limitation, as the deed of gift having been executed on 06.03.1981, the suit under Article 59 of the Limitation Act ought to have been filed within three years of the deed of execution of the gift deed, whereas the same has been filed after more than 22 years of the execution of the deed. It was also further averred that the suit is not maintainable in view of Sections 91 and 92 of the Evidence Act as well as Section 47 of the Registration Act. 3.2 That the Munsif, Danapur rejected the said application vide order dated 28.08.2006 on the ground that from the perusal of records and other documents, for determining the question of Limitation, oral evidence are required to be taken into account. Therefore, the question is to be adjudicated only after the evidence are led by both the parties. 3.3 Feeling aggrieved and dissatisfied with the order passed by the Munsif, Danapur rejecting the Order 7 Rule 11 application, the appellant herein-original defendant filed a revision application before the High Court. By the impugned judgment and order, the High Court has dismissed the revision application and has confirmed the order passed by the Munsif, Danapur rejecting the Order 7 Rule 11 application. Hence, the present appeal at the instance of the original defendant. ;