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2024 Supreme(P&H) 1470

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Baljinder Singh – Appellant
Versus
Chattha And Associates – Respondent


Advocates Appeared:
For the Appellant :Mr. Sapan Dhir, Advocate
For the Respondent:Mr. Pawan Kumar, Senior Advocate with Ms. Vidhushi Kumar, Advocate, Mr. Gaurav Chopra, Senior Advocate with Mr. Arnav Singh and Mr. Akshat Dalal, Advocates

JUDGMENT :

Alka Sarin, J. (Oral)

1. The present revision petition has been preferred by the defendant-petitioners under Article 227 of the Constitution of India for quashing of the order dated 26.02.2016 whereby the application filed by them under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of the plaint was dismissed.

2. The brief facts relevant to the present case are that plaintiff-respondent Nos.1 and 2 herein filed a suit for declaration to the effect that plaintiff-respondent No.1 is owner in possession of land measuring 238 Kanals 10 Marlas in Khata No.1-2-36 situated in Village Beer Ferozari, H.B. No.364, Tehsil and District Panchkula as per Jamabandi for the year 2008-09 on the basis of an agreement to sell dated 01.09.2003 executed between plaintiff-respondent No.1 and the defendant-petitioners and further for challenging the cancellation of GPAs dated 19.01.2004 and 07.06.2006 and further for permanent injunction. The defendant-petitioners herein filed an application for rejection of the plaint under Order VII Rule 11 CPC the contents of which read as under :

"1. That the present Civil Suit filed by the plaintiffs is pending in this Hon'ble Court and

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