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2019 Supreme(P&H) 710

B.S.WALIA
Baldev Singh – Appellant
Versus
Savneer Bal (Minor) – Respondent


Advocates Appeared:Mr. V.B. Aggarwal, Advocate for the petitioner.
Mr. Dinesh Singh Rawat, Advocate for respondent Nos.1 and 2.
None for respondent No.3

JUDGMENT

Mr. B.S. Walia, J.:- Revision petition has been filed under Article 227 of the Constitution of India, challenging order dated 13.04.2018 (Annexure P-1), passed by the learned Additional Civil Judge (Senior Division), Indri, in case titled as ‘Savneer Bal and others’ versus Baldev Singh and another’, dismissing the application filed by the petitioner-defendant under Order 7 Rule 11 read with Section 151 CPC.

2. Brief facts of the case, leading to the filing of the revision petition are that the respondents-plaintiffs filed a civil suit for declaration that sale deed bearing Vasika No.1158/1 dated 15.07.2013 was illegal, null and void, inoperative, in contravention of the law and not binding upon the rights of the respondents-plaintiffs with a prayer for consequential relief of permanent injunction for restraining the petitioner-defendant from further alienating the suit land by way of sale, mortgage, charge, lien, gift etc.

3. The petitioner-defendant filed an application under Order 7 Rule 11 read with Section 151 CPC, for rejecting the plaint on the ground that the respondent-plaintiff had wrongly assessed the value of the suit for the purposes of Court fee and jurisdictio











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