JUDGMENT

Banwari Lal Sharma, J. - This misc. appeal is preferred against the impugned judgment dated 11.12.2014 passed by learned Additional District Judge No. 3, Kota in Civil Regular Appeal No. 17/2014 by which learned lower Appellate Court while allowing the appeal quashed and set aside the order dated 14.11.2014 passed by learned Civil Judge (South) Kota in civil regular case No. 93/2014 (Arvind Gupta vs. Rajasthan Housing Board and Ors.) by which learned Civil Judge (South), Kota rejected the plaint of respondent- plaintiff.

2. The brief facts of the case are that the respondent- plaintiff filed a civil suit along with an application under order 39 Rule 1 & 2 seeking declaration and permanent injunction stating therein that against the notice issued by the Housing Board for auction of residential and commercial plots dated 31.3.2013, he submitted his bid for the plot No. 14 measuring 1291 square meter at sector 11, Mahavir Nagar, Parijat Kota. The minimum Sale price was Rs. 35,000/- however the highest bid was of Rs. 42,301/- per square meter. In furtherance to the said auction, he deposited total bid amount Rs. 82,00,000/- with the appellant housing board. It is pleaded in the