Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2409 of 2019 Petitioner :- Azad And 3 Others Respondent :- Smt. Bala And 2 Others Counsel for Petitioner :- Sukrampal Counsel for Respondent :- Ram Raj Pandey
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Namit Srivastava, learned counsel holding brief of Sri Ram Raj Pandey, learned counsel for the respondents and perused the record.
Pursuant to the order dated 23.4.2019 learned counsel for the petitioner has filed a supplementary affidavit placing on record certified coy of the order dated 13.12.2017 passed in Original Suit No. 291 of 2012, which is taken on record.
Present petition has been filed challenging the order dated 19.12.2018 passed in Civil Revision No. 07 of 2018 and the order dated 13.12.2017 passed in Original Suit No. 291 of 2012.
By the impugned order dated 13.12.2017 the trial Court rejected the application filed by the petitioner under Order 7 Rule 11 CPC on the ground that the applicable is liable to be rejected as in paragraphs 4, 5, 6 and 7 a cause of action has been disclosed. Revision was filed by the petitioner against the same, which was dismissed.
Challenging the order, submission of learned counsel for the petitioner is that the impugned orders have been passed in a mechanical manner and the same are liable to set aside because another suit being Suit No. 279 of 2012 for the same cause of action is pending between the parties.
Sri Namit Srivastava, learned counsel holding brief of Sri Ram Raj Pandey, learned counsel for the respondents has supported the orders impugned herein.
I have considered the rival submissions and perused the record.
It is settled law that only plaint case is to be seen for the purpose of consideration of application under Order 7 Rule 11 CPC. As noticed by the revisional Court prima facie a cause of action has been disclosed in the plaint. The defence/claim of the defendants at this stage cannot be seen.
In such view of the matter, I do not find any good ground to interfere in the orders impugned herein.
Present petition lacks merit and is accordingly dismissed. No order as to costs.
Order Date :- 30.4.2019 Abhishek