RAJU Vs. VIJAY SINGH VERAM AND ANR

JUDGEMENT

(1.) This petition impugns the order of the trial court dated 23.5.2014 dismissing an application filed by the petitioner/defendant no.1 under Order VII Rule 11 of Code of Civil Procedure, 1908 (CPC).

(2.) Disputes pertain to ownership rights in the property bearing no.47, Gali No.13, Nai Basti, Anand Parbat, New Delhi, which the petitioner/defendant no.1 claims to have purchased by means of documentation dated 27.7.1995. Plaintiff/respondent no.1 seeks the relief of declaration and injunction inter alia for declaration as void the order dated 30.11.2010 passed in suit no.199/1999 between defendants as collusive and that defendant no.2 has no right to cancel the documents executed in favour of the plaintiff. In the application under Order VII Rule 11 CPC it was stated that the suit is not maintainable because the petitioner/defendant no.1 has rights in the suit property by means of these documents dated 27.7.1995. Trial court has rejected the application by observing that while dealing under Order VII Rule 11 CPC, defence on merits cannot be considered because the contents of the plaint have to be seen when deciding an application under Order VII Rule 11 CPC. These observations are made in para 5 of the impugned order, and which reads as under:-

(3.) I do not find any error in the impugned order and in case the petitioner/defendant no.1 feels that there are certain admitted facts on the basis of which the suit can be dismissed, then an appropriate application under Order XII Rule 6 CPC can be filed and which will be considered by the trial court in accordance with law.