JUDGMENT :

(Goutam Bhaduri, J.) :

1. Challenge in this appeal is to the order dated 31-7-2023 passed by the Sixth Additional District Judge, Durg, in civil suit No.26-A/2023, wherein in exercise of power under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short ‘the CPC’) the suit is dismissed for want of cause of action.

2. (i) The facts of the case, as pleaded by the appellant/plaintiff, in brief, are that a suit for specific performance along with declaration and permanent injunction was filed by the plaintiff against the respondents/defendants. The plaintiff averred that in respect of the property held by the defendants i.e. 15 acres of land situated at village Kumhari, Tahsil Damdha, District Durg, the defendant No.3 namely; Navneet Gupta on behalf of his parents namely; Chandra Gupta & Neelam Gupta, who are arrayed as defendants No.1 & 2, entered into an agreement with the plaintiff. According to the plaintiff, the defendant No.3 made an offer before the plaintiff company that the defendants are owner of 15 acres of land and having heard about their goodwill they want to develop the said land by way of a joint venture agreement by carving plot, garden, parking, temp