MEENAKSHI GUPTA AND OTHERS Vs. GURMEET SINGH

JUDGEMENT

(1.) This is a petition under Article 227 of Constitution of India read with Section 151 of the Code of Civil Produce (for short, "C.P.C.") for setting aside the order dated 30.05.2015 passed by learned Additional Civil Judge (Senior Division), Chandigarh, vide which the application under Order 7 Rule 11 C.P.C. filed by the petitioners for rejection of plaint, was dismissed.

(2.) The facts which need elaboration are that respondent-plaintiff filed a civil suit for declaration challenging sale deed No.1209 dated 13.06.2007 and sale deed No.1201 dated 13.06.2007 executed by defendant No.4 and defendant No.3 in favour of defendant No.2 and defendant No.1 on the basis of General Power of Attorney No.4681 dated 18.12.2000 and General Power of Attorney No.4889 dated 27.12.2000 respectively, on the grounds that they were illegal, null and void and were result of fraud and misrepresentation. He also sought a decree for mandatory injunction seeking direction to the concerned authorities to cancel the sale deeds. Petitioners (defendants in the suit) filed an application under Order 7 Rule 11 read with Section 151 C.P.C. for rejection of the plaint alleging that the plaintiff had no locus standi to file the suit as he was neither the seller nor the purchaser and that the facts pleaded disclosed no cause of action in favour of the plaintiff-respondent.

(3.) The application filed by the petitioners was dismissed by learned Additional Civil Judge (Senior Division), Chandigarh, vide the impugned order dated 30.05.2015.