- (1.) The present petition has been filed by the petitioner-defendant No.1, challenging the order dated 2nd August, 2013 passed by the Additional District and Sessions Judge No.1, Bundi (hereinafter referred to as 'the Trial Court') in Civil Suit No.49 of 2010, whereby the Trial Court has dismissed the application of the petitioner seeking rejection of plaint under Oder VII Rule 11 of CPC.
(2.) In the instant case, it appears that the respondent No.2 has filed the suit against the present petitioner, and other respondent Nos.3 to 7 seeking declaration, permanent injunction, and compensation. In the said suit, the petitioner had filed an application seeking rejection of plaint on the ground that the suit was time barred, and that it was bad for misjoinder of causes of action. The said application has been dismissed by the Trial Court vide the impugned order against which the present writ petition has been filed.
(3.) It has been sought to be submitted by the learned Senior Counsel Mr. S.P. Sharma for the petitioner that the suit was filed beyond the period of limitation as transpiring from the plaint itself, and that the plaintiff had also not properly valued the suit, and not paid the requisite court fees, for which the plaint was liable to be rejected. He submitted that the suit was also bad for misjoinder of causes of action, as the sale deeds dated 16/3/2007 and 23/05/2007 executed between the different sets of defendants were challenged in the same suit by the plaintiff.;