ORDER

1. The plaintiff - respondents, hereinafter referred to as the respondents, filed a suit for a declaration that the acquisition of Schedule B property in LA Case No. XI/16 of 1965 - 66 was illegal and void. Another prayer made by them in the suit was that the sale deed dated 11 - 9 - 1975 in respect of Schedule D property executed by Defendant 5 in favour of Arjun Singh, predecessor - in - interest of Defendants 13 to 17 was illegal and void having been executed without any title of ownership therein with the predetermined object of depriving the plaintiffs of the said property without any authority of law. It was also alleged that a fraud had been committed. An application was filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure seeking injunction restraining Defendants 13 to 18 from changing the nature and character of Schedule D property by alienating or transferring the same in any manner whatsoever and also from undertaking any construction thereon. Defendant 18 in the suit, the appellant herein, instead of filing the written statement filed an application under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure seeking rejection of the pla