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2017 Supreme(MP) 916

SUJOY PAUL
Sardar Singh – Appellant
Versus
Shaitan Singh – Respondent


Advocates:
Advocate Appeared:
For the Applicants : Shri Abhijeet Awasthi
For the Respondents: Shri Kapil Patwardhan

ORDER :

This application filed under Section 115 of the Code of Civil Procedure (CPC) takes exception to the order dated 17-04-2012 passed in RCS. No.26-A/12 by 13th Civil Judge Class-2, Bhopal.

2. Briefly stated, the facts are that the respondent No.1/plaintiff filed a suit for declaration and permanent injunction on 10-01-2012. Upon receiving notices in the said case, the present applicants/defendants No.10 & 11 filed an application under Order 7 Rule 11 r/w Section 151 of CPC on 20-03-2012 (Annexure A/3). The Court below heard the parties on the said application and rejected the said application by impugned order dated 17-04-2012.

3. Shri Abhijeet Awasthi, learned counsel for the applicants assailed this order by contending that in the application preferred under Order 7 Rule 11 of CPC, the applicants had taken two fold objections. The first objection of the applicants was that the plaintiff has not valued the suit properly and accordingly Court fees is also not paid in accordance with the requirement of law. The second objection of the present applicants in the said application was that the plaintiff has prayed for a relief to declare the sale deed dated 01-06-1996 as null and voi
































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