SWATANTER KUMAR
Anil Rishi – Appellant
Versus
Gurbaksh Singh – Respondent
1. The challenge in this revision petition is to the order dated 5-4-1997 passed by the learned Sub-Judge Ist Class, Chandigarh, dismissing the application of the defendant praying for rejection of the plaint under the provisions of Order 7, Rule 11 of the Code of Civil Procedure for the reasons stating therein. In order to effectively determine the controversy arising in this revision, it is necessary to refer to the basic facts giving rise to this petition. The plaintiff had filed a suit for declaration to the effect that the registered sale deed dated 26-3-1991 was forged, fabricated and fake document and is not enforceable in respect of the property in question i.e. house No. 86, Sector 18-A, Chandigarh. This suit was contested by the present petitioner. The submissions raised before the trial Court was that the suit as framed was hit by the provisions of Sec. 34 of the Specific Relief Act as no relief for declaration could be claimed without praying for a consequential relief therefrom. The main plank of the argument on behalf of the petitioner is that the present suit is not one for declaration simplicitor but in fact and substantively is a suit for cancellation of a
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