The submission of learned counsel for the petitioners is that his application under Order 9 Rule 13 CPC was allowed by the court of first instance but the said order has erroneously been set aside by the revisional court on the ground that the petitioner has not filed application under Section 5 of the Limitation Act. He has placed reliance upon the decision of the Supreme Court wherein it has been held that the limitation of filing application under Order 9 Rule 13 CPC would run from the date of knowledge of filing of the petition where the application is within time from the date of knowledge, rejection on the technical ground that it is not accompanying by application under Section 5 of the Limitation Act is not proper.
Sri Ranjit Saxena, learned counsel for the petitioners who has appeared for respondent no. 1 and has filed counter affidavit. It is taken on record.
Learned counsel for the petitioners may file rejoinder affidavit within three weeks.
List thereafter.
Until further orders of this Court, parties are directed to maintain status quo with regard to disputed property.
Order Date :- 29.1.2014 SKS