SAVITA DUBEY Vs. AVINASH DUBEY

JUDGEMENT

(1.) This revision petition has been preferred by the Defendants under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') questioning the legality and propriety of the order dated 11.01.2019 passed by the 2nd Additional District Judge, Bilaspur (C.G.), whereby the trial Court has refused to reject the plaint under Order 7 Rule 11 of CPC. The parties to this Revision Petition shall be referred hereinafter as per their description in the Court below.

(2.) Briefly stated the facts of the case are that the suit for declaration has been instituted to the effect that the registered deeds of sale, executed by Defendant Nos.1 to 6 and Late Satyadev Dubey in the year 2010 without informing the plaintiff, be declared as null and void claiming further the relief of injunction, restraining the Defendants from creating any alteration and/or creating any third party interest with regard to the property in question.

(3.) According to the averments made in the plaint, the Plaintiff was running a 'Talkies' known as 'Shyam Talkies' over the property in question obtained by his father on lease. It is alleged further that despite several requests being made to the Defendant Nos.1 to 6 and Late Satyadev Dubey, it was not sold to him and instead sold to others by executing registered deeds of sale, out of it, two have been made on 04.06.2010, while other on 08.06.2010. It is pleaded further that the earlier suit, being Civil Suit No.54- A/2010, was instituted for damages, when the instruments/apparatus of the Talkies were damaged illegally by the Defendants and the purchasers of it.