JUDGMENT :

1. This revision has been preferred against the order dated 23.1.2017 passed by Civil Judge (S.D.) Bareilly, in original suit no. 12 of 2017 (Span Infra Developers Pvt. Limited Vs. Sushil Kumar Kathooriya) by which learned Court below has rejected the application 36A moved by the defendants under Order 7 Rule 11 CPC.

2. In brief, facts of the case are that the plaintiff Span Infra Developers-opposite party no. 1 filed the aforesaid suit against the defendant-revisionist for a relief of permanent injunction in respect of property shown by letters ¼v u x c½ in the plaint map. As per the plaint, 1/5th of the total area of gata no. 14 area 4 bigha 7 biswa, gata no. 15 area 9 biswa, gata no. 16 area 17 biswa, gata no. 17 rakabai 10 biswa, gata no. 18 area 13 biswa, gata no. 19 area 13 biswa, gata no. 20/1 area 13 biswa, gata no. 21 area 9 biswa, gata no. 22/1 area 8 biswa, gata no. 23/1, area 1 bigha, gata no. 24/1 area 2 biswa 10 biswansi total 30100 yard of i.e. 6020 square yard was under the ownership and in possession of Laxmi Sahakari Awas Samiti Ltd. through Satish Kumar Agrawal as secretary. This land was purchased by three sale-deeds from its previous owners in the year