NIDHI GUPTA, J.

Present Revision Petition has been filed by the petitioners/defendants seeking setting aside of order dated 17.05.2019 (pronounced on 28.05.2019 (Annexure P4)) passed by learned Civil Judge (Senior Division), Karnal, whereby petitioners’ application under Order 7 Rule 11 of Code of Civil Procedure, 1908 (for short “CPC”) has been dismissed.

2. Brief facts of the case are that respondents/ petitioners had filed a Suit for Declaration to the effect that sale deed No. 74/1 dated 02.04.2004, executed by Sh. Dharam Pal (who is father of petitioner No.2/defendant No.2 and the plaintiffs), in favour of petitioner No.1 (who is wife of petitioner No.2), is illegal, null and void being without consideration and being a result of fraud, undue influence, coercion etc. and therefore, was not binding upon the rights of the plaintiffs/respondents. Vide the said sale deed dated 02.04.2004, Sh. Dharam Pal had alienated house No.244-B/L, Model Town, Karnal (hereinafter referred to as ‘the suit property’), in favour of petitioner No.1.

3. It was inter alia, averred by the plaintiffs in the said Civil Suit (Annexure P-1), that Sh. Dharam Pal was absolute owner of the suit property and the