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2021 Supreme(Raj) 1645

ARUN BHANSALI
Jagdish Singh – Appellant
Versus
Salab Kanwar – Respondent


Advocates appeared:
S.S. Rajpurohit, Advocate, B.L. Choudhary, Advocate

JUDGMENT

Arun Bhansali, J. - Heard learned counsel for the petitioner.

2. This revision petition is directed against order dated 16.04.2021 passed by Senior Civil Judge, Deedwana, whereby, the application filed by petitioner under Order VII Rule 11 CPC has been rejected.

3. The suit was filed by the respondents plaintiffs seeking specific performance of contracts dated 19.07.1972 & 09.02.2003 and for permanent injunction. The averments were made in the plaint pertaining to arising of the cause of action wherein it was claimed that the cause of action arose on 10.10.2017 and the present suit was filed on 14.07.2020.

4. Petitioner filed application under Order VII Rule 11 CPC inter alia on the ground that both the agreements relied on were fraudulent and concocted, they were unregistered and the suit was barred by limitation and, therefore, the plaint was liable to be rejected.

5. The application was contested by the plaintiffs.

6. The trial court after hearing the parties, by the impugned order, came to the conclusion that for disposal of application under Order VII Rule 11 CPC only the plaint is required to be looked into and on the perusal of the plaint, it cannot be said that the suit

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