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MAHENDAR KUMAR GOYAL
Maina Bai – Appellant
Versus
Durga Lal – Respondent
| Table of Content |
|---|
| 1. application for condonation of delay (Para 1 , 2) |
| 2. dismissal of application on merits (Para 3 , 4) |
| 3. arguments on jurisdiction of the trial court (Para 5) |
| 4. civil court jurisdiction on cancellation of deed (Para 6 , 7 , 8) |
| 5. dismissal of revision petition (Para 9) |
ORDER :
Mahendar Kumar Goyal, J. - This revision petition, which is reported to be time barred by 177 days, is accompanied with an application under Section 5 of the LIMITATION ACT seeking condonation of delay.
2. For the reasons stated in the application (2248/2019), the same is allowed. Delay in preferring the revision petition is condoned.
3. This revision petition is directed against the order dated 24.01.2019 whereby, the learned District Judge, Bundi (for brevity "the learned trial Court") has dismissed an application filed by the petitioner/defendant No.2 (hereinafter referred to as "the petitioner") under Order 7, Rule 11 CPC.
4. The relevant facts in brief are that the respondents No.1 & 2/plaintiffs filed a suit for cancellation of sale deed, mandatory and permanent injunction against the petitioner and the respondents No.3 to 17 alleging therein that the subject sale deed came to be executed on
The court established that jurisdictional objections must be resolved after evidence is presented, not preemptively dismissed.
Disputed facts on power of attorney scope, sale deed validity, forgery, cause of action, and valuation cannot be decided under Order VII Rule 11 CPC; trial court must frame and try preliminary issues....
Disputed facts on power of attorney scope, sale deeds validity, cause of action, and valuation not adjudicable under Order VII Rule 11 CPC; trial court to frame and decide as preliminary issues first....
A lawsuit for cancellation of a sale deed can be maintained in civil court when the plaintiff has prima facie title, despite the sale deed being based on fraud, as jurisdiction under the U.P. Zaminda....
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