Court No. - 26
Case :- S.C.C. REVISION No. - 64 of 2018 Revisionist :- Harish Kumar And Another Opposite Party :- M/S Teli Alarm India Pvt. Ltd. Counsel for Revisionist :- Dharmendra Kumar
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. This revision has been filed within time challenging the order dated 25.04.2018 passed by the Additional District Judge, Fast Track Court No. 1, Gautam Budh Nagar rejecting Paper No. 29- Ga filed by the tenant which is an Application under Order 7 Rule 11 of Code of Civil Procedure read with Section 151 thereof.
2. The learned counsel for revisionist has taken this Court through the application filed under Order 7 Rule 11 C.P.C and the specific grounds taken therein, on which grounds a detailed consideration should have been made by the learned Trial Court and a reasoned and speaking order ought to have been passed thereon. The order impugned dated 25.04.2018 has been read by the learned counsel for the revisionist, which does not deal with any of the grounds raised in the application but mentions that none of the five grounds on which an application under Order 7 Rule 11 C.P.C. can be entertained and allowed have been taken by the tenant/defendant and has rejected the said application by observing that the grounds taken by the tenant ought to have been taken by him as a reply to the averments of the plaint in his written statement. Time has been granted by the learned Court below to the defendant to file his written statement and the application has been rejected.
3. I have gone through the Order 7 Rule 11 C.P.c. and also the application moved by the revisionist under the said Order registered as Paper No. 29-Ga. It appears that the learned Trial Court has not applied its mind to the objections mentioned in the said application filed by the tenant. If need was felt by the learned Trial Court for additional evidence on the grounds taken by the defendant in his application, then, the application ought to have been kept back and the grounds taken therein could have been formulated into an issue to be decided after exchange of the pleadings and leading of evidence as the first issue in trial of the said SCC Suit No. 23 of 2015: M/s. Teli Alarm India Private Limited Vs. Harish Kumar and another.
4. Accordingly, the order dated 25.04.2018 is set aside. The matter is remanded to the learned Trial Court to consider afresh the application paper No. 29-Ga and pass appropriate orders thereon in accordance with law.
5. The revision is allowed.
Order Date :- 28.5.2018 LBY