JUDGEMENT

(1) In the present application filed under the provision of section 115 of the Civil Procedure Code, 1908 (for short “the CPC ”), the applicant has assailed the order dated 16.01.2019 passed by the learned Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Kathor, Dist.Surat rejecting the application Exh.102 filed under Order VII Rule 11 of CPC seeking rejection of plaint being Special Civil Suit No.159 of 2017 (old No.639 of 2014) filed by the applicant-original defendant no.1- Nagjibhai Kanjibhai Patel.

(2) Brief facts emerging from the memo of Revision Application are as under:

2.1) On 28.02.2005, the applicant-original defendant No.1 purchased a land bearing Block No.391/1 by a registered sale deed from defendant no.3-Jigneshbhai Batukbhai Patel for a valuable consideration.

2.2) In the month of October, 2014, the plaintiff Mukeshbhai Prakashbhai Shukla instituted Special Civil Suit No.639 of 2014 for specific performance of an agreement to sell dated 10.01.2005, executed pursuant to a Power of Attorney (PoA) dated 02.09.2004 and in the alternative to award a compensation of Rs.20 crores. The plaintiff has also prayed for cancellation of variou