Civil Revision No. 2095 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2095 of 2010 Date of Decision: August 13, 2010 M/s Mangla Industries Pvt. Ltd. ......... Petitioner versus M/s M.S. Stock Invest Pvt. Ltd. .......... Respondent Present:- Shri Alok Jain, Advocate for the petitioner. Shri M.L. Sharma, Advocate for the respondent. HEMANT GUPTA, J. The defendant is in revision aggrieved against the order passed by the learned trial Court on 10.12.2009 whereby an application filed by the petitioner under Order 7 Rule 11 of the Code of Civil Procedure, 1908 was dismissed. The petitioner has sought rejection of the plaint, inter alia, on the ground that the suit is not maintainable as the plaintiff is alleging that it has not been paid the sale consideration. It is contended that, in fact, a suit for recovery for unpaid sale consideration would be maintainable and not a suit for declaration challenging the sale as void. The question whether the suit is maintainable and / or the relief claimed can be granted to the plaintiff, are the questions requires to be decided after an opportunity is given to the parties to lead evidence. It cannot be said that the plaint does not disclose either cause of action or that Civil Revision No. 2095 of 2010 [2] the suit is barred by any law. Therefore, it cannot be said that the application has been rejected by the learned trial Court illegally or arbitrarily. I do not find any patent illegality or material irregularity in the order passed by the learned trial Court which may warrant interference by this Court in exercise of its revisional jurisdiction. The present revision petition is dismissed with no order as to cost. August 13, 2010 ( HEMANT GUPTA ) ks JUDGE