Court No. - 9
Case :- CIVIL REVISION No. - 210 of 2018 Revisionist :- Rajendra Kumar Bajpai And 3 Others Opposite Party :- Raghuveer Saran Bajpai And 3 Others Counsel for Revisionist :- Manjari Singh,Kunal Ravi Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the revisionist.
The instant revision is directed against the order rejecting an application under Order 7, Rule 11 CPC. This application was filed on the ground that the suit was barred by provisions of Order 2, Rule 2 CPC.
On the perusal of the order impugned it transpires that this specific issue has already been framed in the suit. On an application to decide it as a preliminary issue, the Court has already passed an order that this issue will be considered after the evidence of the parties has been led.
Upon a consideration of the submissions made by counsel for the revisionist, I do not find it a fit case for interference because, in any case, the plea that the instant suit is barred by provisions of Order 2, Rule 2 CPC would necessarily entail considering the evidence of the parties. It is not such an issue that can be decided upon a bare reading of the plaint alleges themselves. For this reasons alone, dismissal of the application under Order 7, Rule 11 CPC cannot be faulted with.
In view of the foregoing discussion, the revision is found to be devoid of merit and is accordingly dismissed.
Order Date :- 27.10.2018 Priyanka Digitally signed by ANJANI KUMAR MISHRA Date: 2018.10.27 13:47:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad