Code of Civil Procedure, 1908–Order 7, Rule 11–Dismissal of suit by allowing the application under Order 7, Rule 11–Appreciation of–Plaintiff filed the suit for partition in the year 2023 alleging that the family owned ancestral joint immovable property and their legitimate share had been denied–Partition had taken place way back in the year 1968 which is evident from the revenue record entries–Many of family members had executed registered sale deeds in the year 1978–These sale deeds have been attached–The predecessors of the plaintiffs had notice of these regd. sale deeds flowing from the partition–Father of the plaintiffs had never challenged these sale deeds in his lifetime–Plaintiffs cannot reignite their rights after sleeping on for 45 years–Suit was barred by limitation–Held, there was no justifiable reason for the Appellate Court to have remanded the matter to Trial Court.
