- (1.) With the consent of the learned counsels for the parties, the appeal is decided finally at the admission stage.
(2.) The present appeal has been filed by the appellant-plaintiff, challenging the judgment & decree dated 09.11.2013 passed by the Additional District Judge No.14, Jaipur Mahanagar (hereinafter referred to as the trial court ) in Civil Suit No.255/2013, whereby the trial court has allowed the application filed by the respondents-defendants seeking rejection of the plaint under Order VII Rule 11 of CPC.
(3.) The short facts giving rise to the present appeal are that the appellant-plaintiff had filed the suit seeking declaration to the effect that the sale deed dated 17.09.2005 executed by the respondent Nos.2 & 3 (defendant Nos.2 & 3) in favour of the respondent No.5 (defendant No.5) was null and void and for specific performance of the agreement dated 20.01.1996 executed by the respondent Nos.2 & 3 in favour of the appellant-plaintiff in respect of the lands in question. The appellant-plaintiff had also sought permanent injunction against the respondents-defendants in respect of the said lands. In the said suit, the respondents-defendants filed separate applications seeking rejection of the plaint under Order VII Rule 11 on various grounds alleging interalia that the suit was barred under Section 42(b) as well as under Section 207 of the Rajasthan Tenancy Act (hereinafter referred to as the said Act ). It was also contended that the appellant-plaintiff had not paid the proper court fees and that the agreement in question was also not duly stamped as per the provisions contained in the Rajasthan Stamps Act, and that the suit was also barred by law of Limitation. The said applications were resisted by the appellant-plaintiff by filing the reply. The trial court considering the submissions made by the learned counsels for the parties, allowed the said applications of the respondents-defendants, rejecting the plaint of the appellant-plaintiff under Order VII Rule 11 (d) of CPC vide the impugned order dated 09.11.2013.;