BACHAN SINGH Vs. ANIL KUMAR @ ANIL GROVER

JUDGEMENT

(1.) This revision petition has been preferred against the order dated 03.07.2019 passed by Civil Judge (Junior Division), Chandigarh, vide which application filed by the petitioners under Order 7 Rule 11 CPC was dismissed.

(2.) Plaintiff filed a suit for redemption of mortgage, mandatory injunction, permanent injunction, declaration and recovery of damages against the defendants. Defendants sought dismissal of the suit on the ground that registration of mortgage is necessary when money is taken under usufructuary mortgage is Rs.100/- or more. If the mortgage money is less than Rs.100/-, then registration is not required and delivery of possession is sufficient. If there is no mortgage of the property, question of redemption does not arise and the suit for redemption of mortgage is liable to be dismissed.

(3.) Petitioners sought to get the plaint rejected on the following grounds:-