HIRENBHAI SHANKARBHAI UTTAMCHANDANI OF ITS PARTNER SHREE KUBERJI DEVELOPERS (A PARTNERSHIP FIRM) Vs. D.M.D DEVELOPERS PRIVATE LIMITED

JUDGEMENT

(1.) This revision application is filed by the applicants - original defendants under Sec. 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'Code') challenging the order dtd. 9/8/2019 passed below application Exh.43 filed in Special Civil Suit No.99 of 2016 by 21st Additional Senior Civil Judge, Surat.

(2.) Heard learned advocate Mr. Arvind Yadav assisted by learned advocate Mr. Nisarg Raval for the applicants - original defendants and learned advocate Mr. Amit Thakkar assisted by learned advocate Mr.Hiren Pandya for the respondent - original plaintiff.

(3.) Learned advocate for the applicants submitted that present respondent - plaintiff has filed Special Civil Suit No.99 of 2016 for specific performance of the contract and for declaration and permanent injunction. It is submitted that the said suit is filed by the company registered under the provisions of the Companies Act through its Directors against the partners of Shree Kuberji Developers - a partnership firm. Learned advocate for the applicants has referred to the averments made in the plaint and also referred the cause of action for filing of the suit and the reliefs prayed for in the said suit. Thereafter, learned advocate has referred to the documents which are placed on record including Banachitthi - agreement entered into between one Dharambhai Padamshibhai Patel and the partners of Kuberji Developers i.e. present applicants. It is submitted that as the suit filed by the plaintiff is barred by law, the applicants have filed an application under Order VII, Rule 11 of the Code for rejection of the plaint. However, the concerned Trial Court, vide impugned order dtd. 9/8/2019, has rejected the said application and therefore present revision application has been filed by the applicants.