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2022 Supreme(SC) 1581

HEMANT GUPTA, VIKRAM NATH
H. S. Deekshit – Appellant
Versus
Metropoli Overseas Limited – Respondent


Advocates appeared:
Mr. Anil C. Nishani, Advocate, Mr. H.I. Jayaramu, Advocate, Ms. Veena Katarki, Advocate, Mr. Anurag Katatki, Advocate, Mr. T. R. B. Sivakumar, Advocate, For the Appellant / Mr. Parbhu Patial, Sr. Advocate, Mr. Devashish Bharuka, Advocate, Mr. Sharshree, Advocate, Mr. Ravi Bharuka, Advocate, For the Respondent.

ORDER

1. Leave granted.

2. The challenge in the present appeal is to an order passed by the High Court of Karnataka at Bengaluru on 14.09.2021, whereby the revision petition filed by the defendant No. 3 was allowed and plaint rejected in terms of Order 7 Rule 11(a) and (b) of the Code of Civil Procedure, 1908 (for short "the Code").

3. The plaintiffs have pleaded as under:

    "11. The plaintiffs further submit that as already stated above after the enquiry by the plaintiffs with the defendant no 1 and 2 have denied the very execution of the alleged execution of the agreement to sell dated 3/2/1995 registered in the office of the sub-registrar at Nelamangala as document no 2282/1994 and the copy of the same is now obtained on 18/6/20 and produced as Document no 17 for kind perusal of this Hon'ble court. That after the perusal of the same revealed the facts that the signatures available on the same are not that of the defendants and the same is forged one. It is important to note that the there is no thumb impression of the defendant no 1 and 2 on the registered agreement which is mandatory one. This shows that the alleged agreement is concocted one with the active connivances of the sub-re

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