JUDGEMENT
Manoj Kumar Gupta, J. -
(1.)The instant petition is directed against the order dated 28.8.2019, in O.S. No. 865 of 1998, allowing the Objection 405ga-2, filed by the plaintiff-respondent and rejecting the application/objection 406ga-2 and 407ga-2, by the defendant-petitioners.
(2.)The petitioners, who are defendants in the suit, filed their written statement and on the basis of pleadings of the parties, one of the issues framed in the suit was whether the plaint was liable to be rejected under Order VII Rule 11 C.P.C. or not. An application 405ga-2 was filed by the plaintiff-respondent, praying that the proceedings of the suit be concluded expeditiously, without considering the application under Order VII Rule 11 C.P.C., moved by the defendant-petitioners. The application was opposed by the petitioners by filing their objection 407ga-2. The case of the petitioners is that the original plaintiff had no locus to challenge the sale deed in favour of the petitioner-defendant no. 2, as he had no interest in the suit property, nor any cause of action. In any case, the alleged interest of the plaintiff had also ceased upon execution of a sale deed, during pendency of the suit, in favour of Ayush Jain and Gaurav Agarwal.
(3.)The trial court observed that there is a direction by this Court to decide the suit expeditiously and that the prayer made five years after the execution of the alleged sale deed is highly belated. It, therefore, declined to consider the application under Order VII Rule 11 C.P.C. observing that the suit itself shall be decided on merits.
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