Code of Civil Procedure, 1908–Order 7, Rule 11–Order of allowing the application–Set aside by first appellate Court –Suit was for strict compliance of conditions of gift deed and not for the injunction without cancellation of same–Without considering the plaint averments, Trial Court proceeded to hold that the present suit is for injunction without cancellation of the gift deed–Held, appellate Court rightly set aside the order of trial Court.
