JUDGMENT :

Biswanath Rath, J.

This Regular First Appeal involves a challenge to the impugned order/judgment dated 25.08.2012 passed by the Civil Judge (Sr. Divn.), Jajapur Road in C.S. No.214 of 2011 thereby dismissing the suit U/o-7 Rule 11 (a) & (d) of C.P.C.

2. Short background involved in the case is that the appellant as plaintiff filed Civil Suit No.214 of 2011 making the present respondents as defendants and the fact as laid by the plaintiff therein is, the defendants are lawful bona fide and absolute owner of the land mentioned in the schedule therein. The defendants entered into construction by availing loan for construction of a multi storied building complex suitable for hotel in the name of "Shruti Inn. Pvt. Ltd.". The plaintiff claimed that after development upto some extent the defendants could not be in a position to complete the construction work of the building and for pressing demand of the creditors for payment of the loan dues, under compelling situation the defendants decided to sale away the land and building. When the defendants were in search of prospective buyers, M/s. Jai Jagannath Associates at Station Road, Jamshedpur who were also already involved in hotel