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ALLAHABAD HIGH COURT
, J
Nimmi Infratech Pvt. Limited – Appellant
Versus
Fundan and others – Respondent
| Table of Content |
|---|
| 1. rejection of plaint under u.p. revenue code. (Para 1 , 1 , 2 , 3) |
| 2. grounds for rejection of plaint. (Para 4 , 5 , 6) |
| 3. appellant's arguments on jurisdiction. (Para 9 , 10 , 11) |
| 4. court's analysis of jurisdiction. (Para 12 , 16 , 18) |
| 5. final decision to allow the appeal. (Para 24 , 25 , 26) |
1. ANALYSIS OF BAR OF SUIT INVOKING U.P. Revenue Code , 2006 VIS - A - VIS REJECTION OF PLAINT UNDER ORDER 7 RULE 11 CPC.
THE APPEAL
The instant appeal under S.96 of the Civil Procedure Code, 1908 (hereinafter referred to as 'CPC') assails validity of the impugned judgment and order dated 16.08.2024 and decree dated 20.08.2024 based thereupon, whereby the learned Civil Judge (Senior Division), Gautam Buddha Nagar has allowed an application 20 - ka filed by the defendant - respondent No.6 under Order VII R.11 CPC and rejected the plaint of Original Suit No.828 of 2024 (Nimmi Infratech Pvt. Limited v. Fundan and others). The order impugned amounts to a decree under S.2(2) CPC, hence this regular appeal.
2. FACTUAL MATRIX
The aforesaid suit was filed with the averments that Satya Homes Private Limited being a private limited company incorporated and registered under the provisions of
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