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2022 Supreme(MP) 1421

ANIL VERMA
Foti Rakabchand Jain – Appellant
Versus
Foti Ratanlal Jain – Respondent


Advocates Appeared:
Shri V.K. Jain learned senior counsel with Shri Vaibhav Jain, for the Appellant; Shri A.S. Garg, learned senior counsel with Ms. Nidhi Bohra, Shri Amay Bajaj, learned PL, for the Respondent.

ORDER

1. The petitioner/defendant has filed the present revision petition under Section 115 of the Code of Civil Procedure, 1908 ( in short 'CPC") being aggrieved by order dated 30.8.2018 passed by Civil Judge Class II Jobat District Alirajpur in civil suit No. 22-A/2018 by which application under Order 7 Rule 11 of CPC has been rejected.

2. Facts of the case in short are that present respondent no.1 has filed a suit for declaration and cancellation of sale deeds dated 30.8.1966 and 13.8.1976 against the petitioner. It is further prayed in the suit that possession of suit land shall also be handed over to the plaintiff. After service of notice upon the petitioners/defendants they have marked their appearance and filed an application under Order 7 Rule 11 CPC praying for rejection of the suit. The respondent/plaintiff has filed reply of the application.

3. Learned trial court vide impugned order dated 30.8.2018 has dismissed the application filed by petitioner. Hence this petition is filed by petitioner before this Court.

4. Learned counsel for the petitioner submits that respondent no.1/plaintiff has filed the suit for grant of relief of declaration and cancellation of sale deeds dated

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