AJAY DABRA Vs. OMINDER SINGH

JUDGEMENT

(1.) THIS order will dispose of the preliminary issue framed by this court on 6.9.2012 to the following effect:

(2.) THE plaintiff has filed this suit for specific performance of the agreement to sell dated 11.10.2006 and for decree of permanent prohibitory injunction restraining the defendant from selling, transferring, alienating, encumbering or creating any charge over the suit land and also from interfering in the possession of the plaintiff over the same.

(3.) AT the out -set, Sh. G.C. Gupta, learned Senior counsel for the respondent -plaintiff has argued that this is not a case where present issue can be treated and tried as a preliminary issue. He contents that for deciding an application under order 7 R 11 CPC one has to look at the plaint and decide whether the same deserves to be rejected on the grounds taken therein. The plaint without addition or subtraction must show that it is barred by any law to attract application of order 7 Rule 11 which is not the fact situation obtaining in this case. In support of such submission, he relied upon Surjit Kaur Gill and another vs. Adarsh Kaur Gill and another : 2014 AIR SCW 1266, wherein the Hon'ble Supreme Court has held as under: -