JUDGMENT

Jyoti Singh, J. (Oral)

CM APPL. 53073/2022 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

C.R.P. 200/2022 & CM APPL. 53072/2022 (stay)

3. Present revision petition has been filed under Section 115 read with Section 151 CPC for setting aside the impugned order dated 23.09.2022, passed by the learned Trial Court, whereby the application filed by the Petitioner under Order VII Rule 11 CPC, has been dismissed. Petitioner herein is a Defendant in the suit and Respondent No.1 is the Plaintiff. Parties are hereinafter referred to by their litigating status before this Court.

4. The short narrative of facts to the extent necessary and relevant, shorn of unnecessary details, is that Respondent No.1 filed a suit for recovery of damages of Rs.1,64,51,425/- against the Petitioner. Case set up in the plaint is that Petitioner is the real younger brother of Respondent No.1 and in or around 2016, Petitioner desired to purchase a property being apartment No.7-B, Strawberry Hill Avenue, Stanford, since he was in U.S.A. Respondent No.1 was also keen that his younger brother settled down in life and since Petitioner was short of funds, with