SALMA BEGUM Vs. JUBEDA KHATUN

JUDGEMENT

(1.) Heard on admission.

(2.) This Civil Revision has been filed against the order dtd. 16/2/2023 passed in Case No.6v/2022 by the First Upper District Judge, Ambikapur, District Surguja (C.G) whereby, the application preferred by the applicant/defendant under Order 7 Rule 11 (d) of the CPC has been dismissed.

(3.) Brief facts of the case are that the respondent No.1/plaintiff has filed a civil suit for the specific performance of agreement to sale dtd. 15/7/2019 and the suit was filed on 1/7/2022. In the said suit, the applicant/defendants have moved an application under Order 7 Rule 11(d) of the CPC, raising the objection that defendant No.1 along with Kausar Jahan and Aftab Alam had already entered into registered agreement and the same was in existence. Subsequently in a fraudulent manner, on 15/7/2019, an agreement was executed and the present suit was filed which was barred by law.