Lok Pal Singh,J. - (1.) Instant civil revision is directed against the order dated 16.02.2019 passed by Civil Judge (Senior Division), Almora, whereby the application filed by the revisionists/defendants paper no.50A under Order 7 Rule 11 (a), (b) and (d) of CPC has been dismissed.
(2.) Facts, in brief, are that plaintiffs/respondent nos.1 and 2 filed a suit being Civil Suit No.21 of 2016 against the revisionists/defendants seeking demolition of alleged illegal construction, restoration of possession and permanent injunction in respect of property in dispute. Revisionists/defendants contested the suit and filed their written statements. Respondent no.3/defendant no.3 also filed a separate written statement. On the basis of pleadings of parties, relevant issues were framed. Thereafter, the case was fixed for evidence. The plaintiff filed affidavit of examination-in-chief and the case was fixed for crossexamination of the plaintiff. Meanwhile, revisionists/defendants filed an application under Order VII Rule 11 of CPC, for rejection of plaint on the ground that the plaint does not disclose any cause of action; suit of the plaintiff is undervalued and the plaint is barred by law of limitation. After hearing the learned counsel for the parties and on perusal of file, the trial court, vide order dated 16.02.2019, dismissed the defendants' application moved under Order VI Rule 11 CPC.
(3.) I have heard learned counsel for the parties and perused the entire material brought on record.;