- (1.) THE challenge, in this revision petition, preferred by Ravinder Bhatia son of Late Sh.Mool Chand Bhatia -petitioner -defendant No.3, Proprietor of M/s Ravindra Brothers, is to the impugned order dated 07.03.2014(Annexure P -9), by virtue of which, the trial Court has dismissed his application for rejection of the plaint under Order 7 Rule 11 read with Section 151 CPC.
(2.) AFTER hearing the learned counsel for the petitionerdefendant, going through the record with his valuable help and after deep consideration of the entire matter, to my mind, there is no merit in the instant petition in this context.
(3.) EX facie, the argument of the learned counsel that, since the civil suit filed by the plaintiffs was barred by limitation, so, the trial Court committed a legal error, to dismiss the application of the petitioner under Order 7 Rule 11 CPC, sans merit. As is evident from the record that, initially, M/s Shreenath Enterprises through its sole Proprietor Smt.Kamal Grover, respondent Nos.1 and 2 -plaintiff(for brevity "the plaintiffs") have instituted the civil suit(Annexure P -1) for recovery of Rs.1,43,416/ - against petitionerdefendant and proforma respondent Nos.2 and 3 -defendants(for short "the defendants"). The defendants contested the claim of the plaintiffs, filed the written statement(Annexure P -6), stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.;