ARUN KUMAR AGRAWAL Vs. JITESH KUMAR AGRAWAL

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure, 1908; for short 'CPC' is against an order refusing to reject the plaint under Order VII Rule 11 of the CPC.

(2.) The decree sought for in the plaint was for a declaration that sale deeds executed by Defendant No. 6 in favour of Defendants No. 1 to 5 are invalid and that the Plaintiff has right to hold the property on the basis of a contract for sale entered into between Defendant No. 6 and the Plaintiff.

(3.) The learned counsel for the Revision Petitioners-Defendants No. 1 to 5 argued that there can be no claim for injunction against the true owner and that the plaint does not disclose any cause of action inasmuch as the Plaintiff has no right to sue except to seek specific performance of the contract to sale. It is thus argued that the Plaintiff does not have any cause of action to sustain the suit for declaration that transfer deeds executed by Defendants No. 6 in favour of Defendants No. 1 to 5 are void or voidable at the option of the Plaintiff. It is therefore argued that the Court below acted illegally in dismissing the application under Order VII Rule 11 of the CPC.