2013 Supreme(Raj) 658
BELA M.TRIVEDI
Chomu Sahakari Kray Vikary Samiti Limited – Appellant
Versus
Jagdeeshprasad Meena – Respondent
Advocates:
For the Appellant:Mr. Ashok Mishra, Advocate.
For the Respondents:Mr. Ashok Gaur, Senior Advocate with Mr. Ashwini Jaiman, Advocate.
JUDGMENT
1. With the consent of the learned counsels for the parties the appeal is decided finally at the admission stage.
2. The present appeal has been filed by the appellant-plaintiff under Section 96 of Civil Procedure Code challenging the judgment & decree dated 26.10.2012 passed by the Additional Sessions Judge (Fast Track) No.2, Jaipur Metropolitan (hereinafter referred to as "the trial court") in the Civil Suit No.63/2012, whereby the trial court has allowed the application of the respondents No.1-7-original-defendants filed under Order 7 Rule 11 of the Civil Procedure Code, rejecting the plaint of the appellant-plaintiff.
3. It is the case of the appellant-plaintiff that appellant is a society registered under the Rajasthan Cooperative Societies Act, 2001. The respondents No.1 to 6 had entered into an agreement dated 28.08.1993 to sell the suit land to the appellant-society. However, the respondent No.1 allegedly made gift of the said land to the respondent No.7 on 13.06.2012, and therefore the appellant-plaintiff filed the suit seeking specific performance of the said agreement in question. In the said suit, the respondents-defendants filed the application under Order 7 Rul
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