Mr. Alok Singh, J.:- Defendant No.2 - petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India, assailing the order dated 10.1.2009 passed by the Civil Judge, Junior Division, Kurukshetra, thereby dismissing the application filed on behalf of the defendants under Order 7 Rule 11 CPC, seeking rejection of the plaint.

2. Brief facts of the present case, inter-alia, are that plaintiff – respondent No.1 herein filed Civil Suit No.295 of 2008 (Basudev Garg Vs. MKG Milkfood Ltd. and other), seeking following relief’s: -

“a) Pass a decree of declarations in favour of the plaintiff and against the defendants declaring the purported Board meetings of the defendant No.1 Company allegedly held on 15.3.2008, 12/4/2008 and 2.5.2008 as a nullity, invalid, void and nonest in the eyes of law.

b) pass a decree of declaration in favour of the plaintiff and against the defendants declaring that defendant No.3 is not a director on the Board of defendant No.1 having vacated office in February, 2007 under Section 283(1)(g) of the Companies Act in terms of Form No.32 filed in May, 2007;

c) pass a decree of declaration in favour of the plaintiff and against