Rajiv Joshi - (1.) Heard Sri Vijay Prakash Mishra, learned counsel for the appellant and Sri Kuldeept Singh Chauhan, learned counsel for the respondents.
(2.) The present second appeal under Section 100 C.P.C. has been filed by the plaintiff-appellant impleading the Bulandshahr Development Authority through its Secretary and Prescribed Authority, Building Control System Bulandshahr as a defendant-respondent nos 1 and 2, respectively challenging the order dated 7.9.2018 passed by the Additional District Judge, Court no. 10, Bulandshahr in Civil Appeal No. 37 of 2013 (Arvind Kumar Mittal Vs. Bulandshahr Development Authority & Ors.) whereby the appeal filed by the plaintiff-appellant was dismissed affirming the order dated 30.3.2011 passed by the Civil Judge (Senior Division), Bulandshahr in Original Suit No. 148 of 2011 allowing the application No. 60-ga for rejection of plaint under Order 7 Rule 11 (d) as the suit is barred by Section 27 of Uttar Pradesh Urban Planning and Development Act, 1973 ( for short " the Act of 1973").
(3.) The brief facts giving rise to the present appeal are thus:;