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2023 Supreme(Del) 1686

JYOTI SINGH
Capt (retd. )Inderbir Singh Uppal – Appellant
Versus
Manu Nayyar – Respondent


Advocates appeared:
Mr. Anil K. Khaware, Advocate, for the Petitioner.
Ms. Samvartika Pathak, Mr. Akshat Dabral and Mr. Nitin Kumar, Advocates, for the Respondent.

JUDGMENT

Jyoti Singh, J. (Oral)

1. Present revision petition has been filed by the Petitioner assailing an order dated 04.12.2018 passed by the Trial Court, whereby application of the Petitioner under Order VII Rule 11 CPC for rejection of the plaint has been dismissed. Petitioner herein is Defendant No. 1 (hereinafter referred to as the `Defendant') before the Trial Court and Respondent is the Plaintiff and parties hereinafter are referred to by their litigating status before the Trial Court.

2. Present revision petition has its genesis in a suit filed by the Plaintiff against several Defendants seeking declaration/cancellation of the sale deed dated 11.06.2012 and for rendition of accounts along with permanent and mandatory injunction amongst other reliefs. Upon being served with the summons in the suit, Defendant filed an application under Order VII Rule 11(a), (b) and (d) CPC for rejection of the plaint. Reply was filed by the Plaintiff to the said application and by the impugned order the Trial Court had dismissed the application.

3. Grounds on which rejection of the plaint was sought by the Defendant before the Trial Court were: (a) no cause of action is made out in the pl

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