RAKESH KUMAR Vs. SARASWATI DEVI

JUDGEMENT

(1.) Present petition has been filed under Article 227 of the Constitution of India, challenging the order dtd. 14/5/2024, passed by the learned trial court in Civil Suit No. 267/2023, titled 'Saraswati Devi Vs. Rakesh Kumar', whereby, the application of the petitioner herein (defendant before the trial court) filed under Order 7 Rule 10 of the Code of Civil Procedure, 1860 ['Code'] was dismissed. Petitioner herein, has prayed for setting aside the impugned order filed by the trial court mainly on the following two grounds:-

(2.) The facts relevant to the present petition are that respondent (plaintiff before the trial court) had executed two registered gift deeds dtd. 21/11/2012 and 4/12/2012 in favour of the petitioner. The said deeds were executed and duly registered with the Sub Registrar on 21/11/2012 and 4/12/2012. The said gift deeds pertain to the properties situated at IX/214 and IX/215, Saraswati Bhandar, Ghas Mandi, Gandhi Nagar. The suit has been filed by the respondent, inter alia, seeking cancellation of the said two registered gift deeds dtd. 21/11/2012 and 4/12/2012, executed by her in favour of the petitioner, alleging that her signatures have been obtained on the gift deeds by misrepresenting the nature of documents to her.

(3.) The only dispute pertains to the subject properties within the jurisdiction of Shahdara District, which the petitioner contends fall outside the territorial jurisdiction of the learned trial court. Petitioner raised objection before the trial court regarding the lack of jurisdiction by filing an application under Order 7 Rule 11 of the Code. However, the learned trial court vide impugned order, rejected the said contention of the petitioner and passed the impugned order. Aggrieved by the same, petitioner has approached this Court seeking relief.