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2021 Supreme(Raj) 884

ARUN BHANSALI
Gaurishankar – Appellant
Versus
Arun Nagranjan – Respondent


Advocates appeared:
Mr. Nishank Madhan, for the Appellant.

JUDGMENT

1. This revision petition is directed against the order dated 07.08.2020 passed by the trial court, whereby the application filed by the petitioners under Order VII, Rule 11 CPC, has been rejected.

2. The respondents-plaintiffs filed the suit under Order I, Rule 8 CPC, inter alia, making several allegations and claiming the following reliefs:-

3. The petitioners filed the application under Order VII, Rule 11 CPC with the following averments:-

4. The trial court after hearing the parties, came to the conclusion that the trial court has the jurisdiction to hear the matter and that the defendants have failed to point out any provision in law, which would bar the jurisdiction of the civil court and, consequently, rejected the application.

5. Learned counsel for the petitioners attempted to make submissions that as the allegations in the plaint pertained to the violation of the permission for construction granted by the Urban Improvement Trust, the plaintiffs had efficacious remedy under various provisions under the Urban Improvement Act, 1959 ('the Act') and, therefore, the suit was not barred.

6. Reliance was placed on provisions of Sections 90, 90-A, 91 and 91-A of the Act to indi

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