RAN VIJAI SINGH,DEVENDRA KUMAR UPADHYAYA,J. - (1.) Heard Sri N.K. Pandey and Sri Shyamal Narain, learned counsel appearing for the appellant and Sri Ashok Khare, learned Senior Advocate, assisted by Sri Siddharth Khare, learned counsel appearing for the respondent Nos. 4 and 12. Sri Rahul Agrawal, learned counsel appearing for the respondent No. 18 has also been heard.
(2.) This Second Appeal under section 100 of the Code of Civil Procedure (herein after referred to as 'the Code') has been preferred by the plaintiff-appellant against the judgment and order dated 20.05.2005 dismissing the Civil Appeal No. 33 of 2004 filed by the plaintiff-appellant challenging the judgment and decree dated 20.03.2004 passed by the Additional Civil Judge (Senior Division), Allahabad whereby the plaint filed by the plaintiff-appellant was rejected under Order 7, Rule 11 of the Code and also for want of compliance of requirements of Section 80 of the Code.
(3.) A suit was instituted by father of the present appellant, late Debi Das Banerjee in the court of Civil Judge (Senior Division), Allahabad on 27.09.1999 claiming the relief that the defendant Nos. 1 and 2, namely, the State of U.P. and Additional District Magistrate/Additional Collector (Nazul), Allahabad, their servants, agents and all persons claiming through them be restrained through permanent injunction from ordering and granting freehold rights, after converting lease hold rights in respect of Site Property No. 48, Civil Station, Allahabad City, in favour of the defendant Nos. 3 to 15 and that the defendant Nos. 3 to 15 be further restrained from claiming or getting any freehold rights in respect of the land in suit. The prayers made in the suit are quoted hereunder: "(a) That the defendant nos. 1 and 2, their servants, agents and all persons claiming through them be restrained through permanent injunction from ordering and granting freehold rights after converting leasehold rights of Site No. 48, Civil Station, Allahabad City in favour of defendant Nos. 3 to 15 and defendant Nos. 3 to 15 be further restrained from claiming or getting any rights or freehold land by getting the leasehold rights of the Site plan aforesaid with freehold land. (b) That the cost of the suit be awarded in favour of plaintiff and against the defendants. (c) That any other and further relief be granted in favour of the plaintiff and against the defendants which the Court deem fit in the interests of justice.";