JUDGEMENT
C.HARI SHANKAR,J. -
(1.)This petition, under Article 227 of the Constitution of India, assails order dtd. 26/7/2022, passed by the learned Additional Senior Civil Judge ("the learned ASCJ") in CS 1228/21 (Ajay Jain v. Amit Vats), by which the learned ASCJ has rejected the application of the petitioner, as the defendant in the said suit, under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), seeking dismissal of the suit instituted by the Respondent against the petitioners.
The plaint
(2.)Inasmuch as the impugned order has been passed on an application filed by the petitioners under Order VII Rule 11 of the CPC, it is necessary to briefly note the case set up by the Respondent, as the plaintiff in the plaint.
(3.)The suit deals with a property situated at A-31, Yojana Vihar, Delhi, particularly the upper ground floor, first floor and terrace (the suit property) thereof. I may note, even at this juncture, that there is, in the pliant, some degree of contradiction, inasmuch as, in para 2 of the plaint, it is averred that the suit premises were purchased by the wife of the Respondent, whereas, in paras 4 and 5, the Respondent claims to have purchased the suit premises himself.
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