ORDER :

(Deepak Kumar Tiwari, J.)

Heard on admission.

2. This Civil Revision has been filed against the order dated 16.02.2023 passed in Case No.6v/2022 by the First Upper District Judge, Ambikapur, District Surguja (C.G) whereby, the application preferred by the applicant/defendant under Order 7, Rule 11 (d) of the CPC has been dismissed.

3. Brief facts of the case are that the respondent No.1/plaintiff has filed a civil suit for the specific performance of agreement to sale dated 15.07.2019 and the suit was filed on 01.07.2022. In the said suit, the applicant/defendants have moved an application under Order 7, Rule 11 (d) of the CPC, raising the objection that defendant No.1 along with Kausar Jahan and Aftab Alam had already entered into registered agreement and the same was in existence. Subsequently in a fraudulent manner, on 15.07.2019, an agreement was executed and the present suit was filed which was barred by law.

4. Learned trial Court considering the averments made in the application under Order 7, Rule 11 of the CPC has observed that the issue involved in the case is a matter of evidence and the fact whether any fraud has been committed or not can be determined only after re