SANJEEV GUPTA Vs. REKHA

JUDGEMENT

(1.) THE present civil revision filed under Section 115 of the Code of Civil Procedure assails interlocutory order dated 28.04.2014 passed by the Tenth Civil Judge Class -2, Gwalior in Civil Suit No.1A/2014, whereby an application preferred by the defendant no.1/petitioner herein under Order 7 Rule 11, CPC raising objection of absence of cause of action in the plaint, has been rejected.

(2.) LEARNED counsel for petitioner is heard on the question of admission.

(3.) LEARNED counsel for petitioner primarily contends that the plaint is bereft of cause of action and the suit is barred by law. It is submitted that the plaint seeks annulment of sale deed dated 27.02.2012 on the ground that the same has been got executed by the defendant no.1 by playing fraud and an amount of Rs.50,000/ -, which is shown to be paid as consideration by the defendant no.1, was actually a loan taken by the plaintiff from the defendant no.1.