SANGEET LODHA,J. - (1.) By way of this revision petition, the petitioners have questioned legality of order dated 15.2.13 passed by the Additional District Judge No. 5, Jodhpur Metropolitan City in Civil Original Suit No. 488/12, rejecting an application preferred by the petitioners under Order 7, Rule 11 (d) CPC.
(2.) The relevant facts are that in a human stampede occurred on 30.9.08, at the Chamunda Devi Temple in Jodhpur, owned and managed by the petitioner No. 1, inter alia one Shri Surendra Mehra was killed. The respondents, the father and sister of the deceased preferred a suit for compensation under the Fatal Accidents Act, 1855 ('the Act of 1855'), against the petitioners, which is being contested by them by filing a written statement thereto. During the pendency of the suit, the petitioners preferred an application under Order 7, Rule 11 (d) seeking rejection of the plaint on the ground that the same is barred by limitation.
(3.) Precisely, the case of the petitioners is that admittedly the cause of action had accrued to the plaintiffs on account of death of Shri Surendra Mehra alleged to have been caused by wrongful act, neglect or default on the part of the defendants on 30.9.08 and thus, the limitation for filing the suit under the Act of 1955 being 2 years, the suit filed on 24.12.10, is apparently barred by limitation.;