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2017 Supreme(Chh) 659

SANJAY AGRAWAL
Lal Kumar Patel – Appellant
Versus
Bansal Infratek & Company – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Roop Naik
For the Respondent: Shri V.B. Singh

ORDER :

Sanjay Agrawal, J.

This is the revision preferred by the applicants/defendants No. 1 to 5 against the order dated 08.12.2016 passed by First Civil Judge, Class-1, Raigarh in Civil Suit No. 24-A/2016, by which, the trial Court while entertaining the application filed by the applicants under Order 7, Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code of 1908' in short), has rejected the same.

2. The undisputed facts of the case, in brief, are that the plaintiff's Company instituted a suit for declaration and injunction by submitting, inter alia, that one Yuvaraj, the predecessor-in-interest of the defendants No. 1 to 5, has agreed to alienate the property in question (hereinafter referred to as the 'suit land') bearing Kh.No. 259 ad-measuring 1.310 hectares situated at village Amlibhauna, Tahsil and District Raigarh by executing an agreement to sale on 23.10.2012 upon receiving an earnest amount. It is pleaded in the plaint that a public notice was made by one Ahilya Bai on 20.12.2012 in daily newspaper, by which, he came to know that the suit land is the disputed land as a case with regard to the suit land was pending in the Court of Raigarh. Des













































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