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2022 Supreme(Del) 1734

AMIT BANSAL
Murari Mirchandani – Appellant
Versus
Jatinder Sardna – Respondent


Advocates appeared:
Mr. Ravi Gupta, Senior Advocate with Mr. Arun Batta, Mr. Abdul Vahid & Mr. Sachin Jain, Advocates., for the Plaintiff; Mr. Anil K. Batra, Advocate., for the Defendants No. 4; Mr. Sanjiv Bahl & Mr. Mr.Ajay Bahl, Advocates., for the Defendants No. 5

JUDGMENT

Amit Bansal, J. - I.A. 15648/2014(of the defendant no.5 u/O-VII R-11 of CPC)

1. By way of this judgment, I shall decide the application filed on behalf of the defendant no.5 under Order VII Rule 11 of the Civil Procedure Code, 1908 (CPC) seeking rejection of plaint.

2. Summons in the suit were issued on 21st April, 2014 to the defendants no.1 to 4 and they were restrained from alienating, encumbering, dealing in any manner whatsoever and parting with possession of property bearing no. S-94, Panchsheel Park, New Delhi (hereinafter referred to as 'suit property') or any part thereof.

3. Subsequently, the present application under Order VII Rule 11 of the CPC, was filed on behalf of the defendant no.5. Notice in the application was issued on 22nd August, 2014. Pursuant thereto, reply has been filed on behalf of the non-applicant/plaintiff. Written submissions along with the judgments in support thereof have also been filed by the parties. Counsels for the parties were heard at length on 18th October, 2022, 27th October, 2022 and 3rd November, 2022 and the judgement was reserved.

PLEADINGS

4. The pleadings in the plaint relevant for deciding of the present application are set o

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