GOPAL KESHAV PATHAK Vs. GUNWANT SHANKAR CHAUDHARY

JUDGEMENT

(1.) By this revision, the petitioner, who is original defendant no.1, has challenged the order dated 8.7.2016 passed by Civil Judge, Junior Division, JalgaonJamod in Regular Civil Suit No. 13/2016, thereby dismissing the application filed by the petitioner under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint.

(2.) The Rejection Of Plaint Was Sought On Three Grounds; the first that, the suit was apparently barred by limitation, as the respondent was seeking specific performance of the agreement of sale dated 17.4.1974. The second ground was that the suit was barred under the provisions of Sections 3 and 4 of the Benami Transaction (Prevention) Act, 1988 and, the third ground that the suit was not valued properly.

(3.) However, It Is Fairly Conceded By The Learned Counsel for appellant that he is not pressing at this stage the ground of the suit being barred by Sections 3 and 4 of the Benami Transaction (Prevention) Act.