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–Rejection of plaint on the ground of lack of cause of action–Justification–Sale deed was executed by part payment through post dated cheques–Case of stop payment–Nothing in sale deed that the sale would complete after the entire payment is made–Whether presenting three post dated cheques without the intention of letting them encashed amounts to a promise or not is a question which can be determined by evidence of parties–Question of committing fraud is also a question of facts–Plaint is disclosing the cause of action–Held, plaint was wrongly rejected by trial Court.
