LAWS(P&H)-2024-5-56

BALJINDER SINGH Vs. CHATTHA AND ASSOCIATES

Decided On May 13, 2024
BALJINDER SINGH Appellant
V/S
Chattha And Associates Respondents

JUDGEMENT

(1.) The present revision petition has been preferred by the defendant-petitioners under Article 227 of the Constitution of India for quashing of the order dtd. 26/2/2016 whereby the application filed by them under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of the plaint was dismissed.

(2.) The brief facts relevant to the present case are that plaintiff-respondent Nos.1 and 2 herein filed a suit for declaration to the effect that plaintiff-respondent No.1 is owner in possession of land measuring 238 Kanals 10 Marlas in Khata No.1/2/36 situated in Village Beer Ferozari, H.B. No.364, Tehsil and District Panchkula as per Jamabandi for the year 2008-09 on the basis of an agreement to sell dtd. 1/9/2003 executed between plaintiff-respondent No.1 and the defendant-petitioners and further for challenging the cancellation of GPAs dtd. 19/1/2004 and 7/6/2006 and further for permanent injunction. The defendant-petitioners herein filed an application for rejection of the plaint under Order VII Rule 11 CPC the contents of which read as under :

(3.) Reply was filed to the said application. Vide the impugned order dtd. 26/2/2016 the said application came to be dismissed. Hence, the present revision petition.