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Shimbhu Dayal & Ors. vs. Sarbati Devi & Ors.

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Code of Civil Procedure, 1908–Order 7, Rule 11–Rejection of application–Appreciation of–Suit for declaration and permanent injunction–Averments in the plaint that the plaintiffs came to know about the sale deeds for the first time on 01.09.2018 when they approached the concerned patwari for obtaining loan on the subject land–No averment in the plaint that prior to that, they were having the knowledge–Averments of the plaint are to be taken in consideration and defence of defendants is totally irrelevant at this stage–Held, the application was rightly rejected.