PHOOLARAM Vs. BAJRANGLAL

JUDGEMENT

(1.) This writ petition has been filed by the petitioners/plaintiffs under Article 227 of the Constitution of India challenging the order dtd. 19/7/2024 passed by learned Additional District Judge, Nokha, Bikaner in Civil Suit No. 20/2023 (Bajranglal and Anr. v LRs of Phoolaram), whereby the application filed by the respondents- defendants under Order IX Rule 13 of the Code of Civil Procedure, 1908 ('CPC') was allowed by the learned Trial Court.

(2.) The writ petition has been preferred with the following prayers:-

(3.) Briefly stated, the facts of the case are that the petitioner- plaintiff filed a civil suit on 3/5/2017 (Annex.1) seeking cancellation of the sale deed dtd. 23/8/2016 (Annex.2) and perpetual injunction. It was stated in the suit that the sale was executed in consideration of a total of Rs.15,45,000.00, out of which only Rs.1,00,000.00 was paid, and therefore, on account of failure of the respondents-defendants to pay the rest of the amount, the petitioner-plaintiff filed the suit. In response to the plaint, the respodents-defendants filed the written statement (Annex.4).