Permod Kohli, J. - (1.) Invoking jurisdiction of this Court under Article of the Constitution of India, validity of the order dated 15.3.2007, Annexure P -4, passed by the learned Civil Judge (Senior Division), Gurgaoiji, has been questioned, by the petitioner -defendant. In a suit filed by the plaintiffs Sanjiy Kumar Jain and Smt. Amita Jain, claiming specific performance of sale agreement dated 4.12.2005, the petitioner -defendant Ravi Sharma filed an application under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint, inter -alia, on the following grounds: (i) That the plaint did not disclose cause of action in favour of the plaintiffs and against the defendants. (ii) The alleged agreement, the basis of the suit, has been obtained by fraud and mis -representation and the same is malafide.
(2.) This application was resisted by the plaintiff -respondents, who preferred objections to the same pleading therein that the plaint discloses cause of action, the agreement is enforceable in law, the allegations that the agreement has been procured by fraud and mis -representation, are also denied.
(3.) The learned trial court vide its detailed order dated 15.3.2007. Annexure P -4, dismissed the application filed by the petitioner -defendant by holding that the plaint discloses cause of action in paragraph 17 thereof. The learned trial court also noticed various averments in the plaint and stated that the question whether the agreement has been procured by fraud, mis -representation and deceit, constitute triable issue. Mr. Harjinder Singh, learned Senior Advocate appearing for the petitioner has made elaborate and detailed submissions.;