CHANDMAL Vs. LAL CHAND

JUDGEMENT

(1.) These revision petitions under Section 115 of C.P.C. have been preferred by the petitioners, claiming in sum and substance, the following reliefs:

(2.) A suit was preferred by the respondents-plaintiffs seeking decree of declaration that the agreement to sale deed dated 24.12.2008 may be abided by. The petitioners, who were the defendants before the learned Court below, filed an application under Order 7 Rule 11 C.P.C. seeking adjudication of the issues regarding the limitation, Court fee and possession, while keeping in view the provision of Section 34 of the Specific Relief Act.

(3.) Learned Counsel for the respondents submits that though the learned Courts below have not decided the issues under Order 7 Rule 11 C.P.C. on merits, but the same shall be decided during the proceedings, after taking proper proof and after framing proper issues, and thus, no prejudice is caused to the present petitioners by the impugned order.