HARISH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision petition has been filed against the order dtd. 19/1/2019 passed by the Civil Judge, Jodhpur District in Civil Original Suit No.1043/2014 (68/2014) whereby the application under Order VII Rule 11 r.w. Sec. 151 of the Code of Civil Procedure as filed by the defendants has been rejected.

(2.) Two grounds have been raised by the defendants in the application under Order VII Rule 11, CPC but the only ground argued before this Court by learned counsel for the petitioners is that the plaintiff was not the actual owner of the property in question and hence, had no locus standi to file the present suit for injunction.

(3.) Counsel submitted that a bare reading of the plaint makes it clear that the plaintiff had claimed his right on basis of the agreement to sell and the same would not vest any title in his favour by virtue of which he could lay the present suit.