SHISH PAL Vs. KULDEEP SINGH

JUDGEMENT

(1.) Instant petition arises out of an order dtd. 3/12/2019 passed by the learned District Judge whereby, an appeal filed by the respondent/plaintiff against an order dtd. 5/9/2018 passed by the trial Court allowing the application filed by the petitioner/defendant under Order 7 Rule 11 of the CPC for rejection of the plaint, has been allowed.

(2.) The objection of the petitioner invoking Order 7 Rule 11 of the CPC is that the entire case of the respondent is based on an un-registered mortgaged deed which cannot be ex facie looked into by the trial Court in view of an express bar envisaged under Sec. 59 of the Transfer of Property Act, 1882 read with Sec. 49 of the Registration Act, 1908.

(3.) Learned counsel for the petitioner contends that the trial Court had, therefore, rightly accepted the application filed by the petitioner. The suit filed by the respondent/plaintiff under the provisions of Specific Relief Act, 1882 is not maintainable in view of the aforesaid statutory bar.