Code of Civil Procedure, 1908–Order 7, Rule 11–Plaint is found based on the vexatious and illusory cause of action and barred by limitation–Suit is essentially based upon the premise that there was an error in partition deed dated 11.03.1953 and survey number were wrongly mentioned in the partition deed–Plaintiff sought the relief in respect of partition dated 11.03.1953 very cleverly which was otherwise barred by the limitation–By clever drafting and not asking any relief with respect to the partition deed dated 11.03.1953, the plaintiff tried to circumvent the provisions of the Limitation Act and tried to maintain the suit which is nothing but the abuse of process of Court and the Law–Impugned order of dismissing the application under Order 7, Rule 11 is unsustainable–Quashed and set aside and plaint rejected.
