[2025:RJ-JP:27380] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 23/2023 1. Dr. Mahendra Pal Singh S/o Late Shri Harbansh Singh, Aged About 59 Years, Resident Of 711, Pratap Nagar, Dadabadi Kota, District Kota, Rajasthan. 2. Smt. Gurvinder Kaur W/o Dr. Mahendra Pal Singh, Aged About 56 Years, Resident Of 711, Pratap Nagar, Dadabadi Kota, District Kota, Rajasthan. ----Petitioners Versus 1. Dr. Khushbeer Singh S/o Late Shri Harbansh Singh, Aged About 61 Years, Resident Of Deoli, District Tonk, Presently Residing At Swarnkunj, Near Gurudwara School, Kota Junction , Kota (Rajasthan. 2. Smt. Manjeet Kaur D/o Late Shri Dr. Harbans Singh, Aged About 62 Years, Resident Of 104, Maglayatan Apartments, Kota, Junction, Kota, Rtajasthan. 3. Smt. Jaswindar Kaur D/o Late Shri Dr. Harbansh Singh, Aged About 58 Years, Resident Of B-29/a, Govind Marg, Jaipur, Rajasthan. 4. Dr. Nitin Pal Singh S/o Dr. Khusbeer Singh, Aged About 26 Years, Resident Of Swarnkunj, Near Gurudwara School, Kota Junction, Kota (Rajasthan). 5. N.c. Colonizers And Developers, Through Its Proprietor Nemichand S/o Shri Babulal Jain, Aged About 60 Years, Resident Of Patel Nagar, Deoli, District Tonk, Rajasthan. 6. Mohit Kumar S/o Rakesh Jain, Aged About 30 Years, Resident Of Deoli,district Tonk Rajasthan. 7. Sub Registrar, Kota First, Kota, Rajasthan. 8. Nagar Palika, Deoli, Through Executive Officer, Nagar Palika, Deoli, District Kota (Raj.). 9. State Of Rajashtan, Through District Collector Of Tonk, Tonk (Raj.). 10. Smt. Charanjeet Kaur D/o Late Shri Dr. Harbansh Singh, Aged About 56 Years, Resident Of 50, Jawahar Nagar, Tonk Road, Jaipur, Rajasthan. ----Respondents [2025:RJ-JP:27380] (2 of 3) [CR-23/2023] For Petitioner(s) : Mr. Sandeep Saxena For Respondent(s) : Mr. Mohar Pal Meena HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment Date of Judgment :: 23/07/2025 This revision petition has been filed by the petitioners- defendant Nos. 1 and 2 (for short ‘the defendants’) under Section 115 CPC against the order dated 11.10.2022 passed by Additional District Judge, Camp Court, Deoli, District Tonk (for short ‘the trial court’) in Civil Suit No.9/2020 whereby the trial court dismissed the application filed by the defendants under Order 7 Rule 11 CPC. Learned counsel for the defendants submits that the respondent No.1-plaintiff (for short ‘the plaintiff’) filed a suit for declaring the will dated 22.10.2013, family settlement dated 19.12.2016 and sale deed dated 12.11.2014 as null and void in which the defendants filed an application before the trial Court under Order 7 Rule 11 CPC mentioning therein that the plaintiff had knowledge about the so-called will in the year 2014 but he had filed the suit in the year 2020. So, the suit filed by the plaintiff is time barred but the trial Court vide order dated 11.10.2022 dismissed the application filed by the defendants. So, the petition filed by the defendants be allowed, order dated 11.10.2022 passed by the trial court be set-aside and the suit filed by the plaintiff be dismissed being barred by limitation. Learned counsel for the plaintiff has opposed the arguments advanced by counsel for the defendants and submitted that the trial Court rightly dismissed the application filed by the defendants [2025:RJ-JP:27380] (3 of 3) [CR-23/2023] So, the petition filed by the defendants be dismissed. I have considered the arguments advanced by learned counsel for the parties and perused the impugned order. It is an admitted position that the plaintiff had knowledge about the execution of the will in the year 2014 but he had filed the suit in the year 2020. So, in my considered opinion, suit filed by the plaintiff is time barred. Learned trial Court has committed an error in dismissing the application filed by the defendants under Order 7 Rule 11 CPC. So, the revision petition filed by the defendants deserves to be allowed. The Civil Revision Petition filed by the defendants is allowed. The order dated 11.10.2022 passed by the trial court is set-aside and the suit filed by the plaintiff is dismissed being barred by limitation. Pending application(s), if any, also stand(s), disposed of. (NARENDRA SINGH DHADDHA),J Ritu/58