- (1.) The petitioner/defendant no.1 has preferred the present revision petition seeking the following relief :- "It is, therefore, most respectfully prayed on behalf of the petitioner that the revision petition may kindly be allowed and the order dated 01.08.2018 passed by the learned Additional District Judge No.2, Jodhpur Metropolitan in Civil Original Case No.122/2008 (NCV No.14463/2014) may kindly be quashed and set aside and the application filed by the petitioner under Order 7 Rule 11 CPC may kindly be ordered to be allowed and the suit filed by the plaintiff may kindly be rejected."
(2.) Counsel for the petitioner makes a limited prayer that while deciding the application under Order 7 Rule 11 CPC, the learned court below has merely postponed the issue of taking a call upon issue and maintainability of the suit under Section 31 of the Specific Relief Act, 1963.
(3.) The objection of petitioner is that the respondent being a non-executor of sale-deed dated 28.10.2005 was not entitled to bring a suit of cancellation but at the most he could have brought a suit for declaration.;