ORDER

This civil revision has been preferred by the applicants/defendants 1-2 challenging the order dated 14.10.2022 passed by 9^th Civil Judge Junior Division, Bhopal in RCSA/825/2022, whereby learned Court below has dismissed defendants 1-2/applicants’ application under Order 7 Rule 11 CPC, on the ground that the objection raised on behalf of the defendants can be decided only after recording evidence.

2. Learned counsel for the applicants/defendants submits that the plaintiff/respondent 1 has instituted a suit for permanent injunction putting valuation of Rs.1,000/- seeking prayer for restraining the defendants from raising construction over the suit land on the basis of agreement of sale dated 08.01.2019 and undisputedly till now no suit for specific performance has been filed on the basis of agreement in question. As such, he submits that the suit, as filed, is not maintainable and the plaint is liable to be rejected under Order 7 Rule 11 CPC.

3. In support of his submissions learned counsel for the applicants placed reliance on the decision of a coordinate Bench of Madras High Court in the case of R. Chendilvel vs. G. Damodaran and others AIR 2015 MADRAS 96 and submits that the