AJAY BIPINCHANDRA JHAVERI Vs. SALIM SADDRUDIN KHOJA

JUDGEMENT

(1.) Challenge in this revision application is to the order dtd. 23/7/2012, passed by the Trial Court rejecting the applications filed by defendant Nos.23, 26 and 36 under Order 7 Rule 11 of the Civil Procedure Code, 1908.

(2.) The respondent No.1 is original plaintiff who filed Special Civil Suit No.2223 of 2010 seeking a relief that sale deed dated 2 nd March 2010 executed by defendant Nos.23 to 35 in favour of defendant No.36 be declared as not binding on the plaintiff and for cancellation of such sale deed. A consequential injunction against defendant No.36 not to create third party rights and not to construct over the suit property is also prayed for. The plaint is based on following material facts:

(3.) In such a suit the applicants filed an application under Order 7 Rule 11(a) of the Civil Procedure Code, 1908, on the ground that the plaint discloses no cause of action. The Trial Court rejected the application holding that the defendants are also disputing legality and validity of the agreement to sell and grant of relief is depending on decision in Special Civil Suit No.1235 of 2007. The plaintiff being purchaser pendente lite right to seek such declaration cannot be denied.