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Bhawani Singh & Anr. vs. Chatar Singh

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Code of Civil Procedure, 1908–Order 7, Rule 11–Transfer of Property Act, 1882–Sec. 54–Suit for declaration of sale deed null and void because the cheques issued against the consideration amount were dishonoured–Whether the suit is maintainable ?–Held, no–As per provisions of Sec. 54 of T.P. Act plaintiff has no right for cancellation of sale deed–He can sue for recovery of due amount–Plaint of instant case was liable to be rejected under the provisions of Order 7, Rule 11–Impunged order is liable to be set aside–Plaint stood dismissed.