BAJE RAO Vs. GULAB RAO

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THE petitioners/defendants have filed this petition under Article 227 of Constitution of India, for quashment of order dated 03.08.12 (Annexure P-6) passed by Civil Judge, Class-Il, Multai, District Betul, in Civil Original Suit No.59-A/2010, whereby their application filed under Order 7 Rule 1 read with Rule 10 of the C.P.C., has been dismissed.

(3.) KEEPING in view the aforesaid arguments, I have carefully gone through the papers placed on the record, it is undisputed fact that in the alleged disputed sale deed, the respondents no. 1 to 3 is not a party. As such no-one respondents had execute the alleged sale deed and in this background they have filed the suit against the petitioners with a prayer for declaring such sale deed ab-initio void and consequently for issuing the perpetual injunction. It is settled proposition of law that whenever the person who is not a party of the alleged document files the suit only for declaration to declare such document ab-initio void perpetual injunction on fixed court fees then such suit remains entertainable before the court which has jurisdiction to hear and decide the suit filed on such fixed valuation and/or court fees.