UDAIBIR SINGH Vs. PUNJAB NATIONAL BANK AND OTHERS

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner against the order dated 12.02.2016 passed by the Addl. Civil Judge (Sr. Divn.) Panipat whereby application filed by respondent No.1/Bank under Order 7 Rule 11 CPC was allowed.

(2.) Brief facts are that the petitioner filed a suit for declaration to the effect that the agreement of guarantee dated 16.03.2007 allegedly executed between plaintiff and defendant No.4/respondent Bank and further creation of mortgage of the property was result of fraud, misrepresentation and collusion between Bank and other defendants.

(3.) Respondent No.1/Bank filed application under Order 7 Rule 11 read with Section 151 CPC for rejection of the plaint. The application was contested by the plaintiff/petitioner. The application filed by the respondent-Bank was allowed by the trial Court vide the impugned order dated 12.02.2016.