TEJ SINGH Vs. KISHAN LAL

JUDGEMENT

(1.) The petitioner/defendant no.1 has preferred the present revision petition seeking the following relief :-

(2.) Counsel for the petitioner makes a limited prayer that while deciding the application under Order 7 Rule 11 CPC, the learned court below has merely postponed the issue of taking a call upon issue and maintainability of the suit under Section 31 of the Specific Relief Act, 1963.

(3.) The objection of petitioner is that the respondent being a non-executor of sale-deed dated 28.10.2005 was not entitled to bring a suit of cancellation but at the most he could have brought a suit for declaration.