ANIL VERMA
Foti Rakabchand Jain – Appellant
Versus
Foti Ratanlal Jain – 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
Amrendra Pratap Singh Vs. Tej Bahadur Prajapati and other reported in (2004) 10 SCC 65
Anita Jain Vs. Dilip Kumar and others reported in 2018(1) MPLJ 554
Chambaram S/o Gangaram Vs. Chanda and others reported in 1993 MPLJ 80
Mohit Bhargava Vs. Bharat Bhushan Bhargava reported in (2007) 4 SCC 795
Ramti Devi ( Smt) Vs. Union of India reported in 1995(1) MPWN 186
Sajjan Sikaria and others Vs. Shakuntala Devi Mishra and others reported in (2005) 13 SCC 687
Saleem Bhai and others Vs. State of Maharastra and others reported in (2003) 1 SCC 557
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