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2025 DIGILAW 1093 (JHR)

Abhinandan Kumar, S/o Baijnath Khirhar v. Ranu Devi, age not known w/o late nakul Khirhar

2025-04-11

RAJESH KUMAR

body2025
JUDGMENT : RAJESH KUMAR, J. 1. Heard the parties. 2. The present revision application has been filed for setting aside the order dated 16.12.2023, passed by the court of learned Sr. Civil Judge – II (Sr Division), Dumka, in Original Suit No.21 of 2019. 3. It appears that the revisionist who is defendant, has filed a petition under Order XIV Rule 2 read with Order VII Rule 11(d) of the Code of Civil Procedure. The plaint itself suggests that it is beyond the period of limitation and as such it is not maintainable. This point has been deliberated upon the court below and after perusal of the entire factual matrix, it has been opined that it is a mix question of facts and law and accordingly, an issue has also been framed. 4. It is settled law that every suit has to be decided on the factual matrix of that particular case. The court below has applied its judicial mind and has found that it is one of the issues to be decided along with other issues. 5. I find no reason to entertain, the present revision application. Accordingly, the same is, hereby, dismissed. 6. Pending interlocutory application, if any, stands disposed of.