PAPPURAM Vs. BHAGVAN SINGH

JUDGEMENT

(1.) The present revision petition has been filed aggrieved of order dtd. 26/2/2026 passed by Additional District Judge, Jodhpur District in Civil Original Suit No.02/2026 whereby application under Order VII Rule 11, CPC as filed on behalf of defendant Nos.3 to 6, stood rejected.

(2.) Vide the application, following grounds were raised by the defendants :

(3.) Counsel for the petitioners submitted that the learned Trial Court erroneously rejected the application as the relief for cancellation of gift deed as prayed for by the plaintiff could not be granted as per law and when the main relief cannot be granted, the consequential relief for cancellation of sale deed also cannot be granted. Counsel while relying upon a Co-ordinate Bench judgment of this Court in Iqbal Chhipa Vs. Loon Chand; S.B. Civil Revision Petition No.43/2019 (decided on 4/8/2021) submitted that the plaint deserves to be rejected on the said count alone. He further submitted that the suit in question been filed without withdrawing the earlier suit or without seeking a liberty of the Court, was clearly barred in terms of Order II Rule 2, CPC.