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2023 Supreme(Raj) 179

REKHA BORANA
Rajasthan State Shriganganagar Sugar Mills Ltd. – Appellant
Versus
Ajeet Singh S/o Late Shri Abhay Prakash – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Anand Purohit, Sr. Advocate with Mr. Anirudh Singh Shekhawat
For the Respondent: Mr. S.M. Parihar Mr. O.P. Mehta Mr. V.D. Gaur

JUDGMENT :

1. The present appeal has been preferred against the order dated 17.11.2022 passed by the Additional District Judge No.2, Jodhpur Metro in Civil Original Case No.139/2022, whereby the application under Order VII Rule 11 of the Code of Civil Procedure (CPC) as preferred by defendant No.2-Ranveer Singh @ Ranveer Kumar has been allowed as a consequence of which the suit of the plaintiffs-appellants for cancellation of sale deed and permanent injunction has been dismissed.

2. Learned senior counsel Mr. Anand Purohit appearing for the appellants submitted that the learned Court below has seriously erred in allowing the application as preferred by the defendant in so far as the Court has relied upon the defence as raised by the defendants and also the documents placed on record by them which could not have been considered while disposing of the application under Order VII Rule 11, CPC. Learned Senior counsel submitted that for adjudication of an application under Order VII Rule 11, CPC, the averments as made by the plaintiffs in the plaint can only be considered and nothing more than that. A bare perusal of the plaint makes it clear that the plaintiffs had a valid cause of actio

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