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2018 Supreme(Chh) 642

SHARAD KUMAR GUPTA
SANJAY MITTAL – Appellant
Versus
BAKULI – Respondent


Advocates Appeared:
For the Appellant : Ms. Priyanka Mehta, Adv.

ORDER :

Sharad Kumar Gupta, J.

The civil revision is admitted and heard finally.

2. In this civil revision the challenge is levied to the order dated 22.02.2017 Annexure A1 pronounced by the 2nd Addl. Sessions Judge, Surajpur, Distt. Surajpur, C.G. in Civil Suit No. 51 A/2014 whereby and whereunder he rejected the application filed by the applicant under Order 7, Rule 11 of the Code of Civil Procedure (hereinafter called as "the Code").

3. This is admitted by the applicant that late Devendra Nath, the husband of the respondent No. 2 got the land bearing Khasra No. 371 admeasuring 2.88 hectare situated at Sanjaynagar, Tehsil and District Surajpur under rehabilitation. The husband of respondent No. 2 became seriously ill. The respondents executed one sale deed bearing Khasra No. 371 admeasuring 0.40 hectare on 21.12.2011 and another sale deed bearing Khasra No. 371 admeasuring 0.60 hectare on the same date vide Annexure A/3.

4. In brief, the respondents' case is that Annexure A/3 has been executed by playing fraud by the applicant. It is a forged document. They had no intention to execute Annexure A/3. When they came to know about Annexure A/3, they filed civil suit for cancellation and d

















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