PREM BHUTANI Vs. SUBHASH BHUTANI

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant against the judgment dated 09.11.2012 in RCA No.162/2010 by virtue of which the first appellate court has set aside the order of the learned trial court dated 23.10.2010, and recommended the matter to the trial court.

(2.) I have heard the learned counsel for the appellant.

(3.) THE appellants filed a suit being CS No.178/2010 for declaration and permanent injunction against the respondent. In the prayer clause, the appellants had prayed that the relinquishment deed dated 19.02.2004 purported to have been executed by the appellants in favour of the respondent, be declared as null and void and that the respondent be permanently restrained from entering into any collaboration agreement. In para 11 of the plaint, so far as the cause of action clause is concerned, it was averred as under: