PRADEEP SINGH SENGAR Vs. DILIP BUDHANI

JUDGEMENT

(1.) This Civil Revision under Sec. 115 of the Civil Procedure Code,1908 against the order dtd. 12/3/2021, passed in RSCA No.286/2019 by the Second Civil Judge, Class-II, Indore whereby, the petitioners'/defendants' application filed under Order 7 Rule 11 of the C.P.C. for dismissal of the plaint has been rejected.

(2.) In brief, the facts of the case are that the respondent No.1/plaintiff has filed a civil suit for declaration and injunction in respect of the land situated at village-Chota Bangda, District-Indore admeasuring 17,897 sq. feet. The case of the plaintiff is that earlier he had purchased 20,000 sq.ft. of land out of 37,897 sq.ft. of land from the defendants in the year 1999. According to the plaintiff, this land could not be sold in piecemeal manner and at the time of execution of the sale deed, it was also assured by the defendants no.4 and 5 that remaining land shall also be sold to the plaintiff only but still an agreement was entered into with the defendants no.2 to 4 which was also challenged by the plaintiff in Civil Original Suit No.11A/2011 which was decreed on 23/1/2014 and it was declared that the said sale agreement is null and void, and plaintiff's other suit COS NO.253A/18 for execution of the sale deed in respect of the remaining piece of land ad-measuring 17897 is still pending in the court.

(3.) In the present suit, the petitioners / defendants No. 1, 2 & 3 filed an application under Order 7 Rule 11 of the C.P.C. contending that the respondent No.1/plaintiff had no cause of action to file the suit as no document has been placed on record demonstrating the title or right on the suit property. Thus, it is stated that only on the ground that the plaint dose not discloses the cause of action as he has no locus standi, the civil suit is liable to be dismissed.