PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Baljinder Singh – Appellant
Versus
Chattha And Associates – Respondent
| Table of Content |
|---|
| 1. filing of revision petitions under civil procedure. (Para 1 , 2 , 3) |
| 2. arguments concerning dismissal applications. (Para 4 , 5) |
| 3. court's evaluation of cause of action and plaint rejection. (Para 6 , 7 , 8 , 9 , 10) |
| 4. court's reasoning on necessary procedural adherence. (Para 11) |
| 5. final ruling on the revision petition. (Para 12) |
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
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