Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 8922 of 2018 Petitioner :- Sobaran Singh Respondent :- Civil Judge And 2 Others Counsel for Petitioner :- Arimardan Yadav,Jadu Nandan Yadav
Hon'ble Manoj Kumar Gupta,J.
The sole relief claimed is for issuing a direction to the trial court to reject the plaint of original suit no. 156 of 2016 as according to the petitioner/defendant, the plaint does not disclose any cause of action.
Under Order 7 Rule 11 CPC, the defendant has remedy of filing an application before the trial court making prayer for rejection of plaint in case it does not disclose cause of action.
Having regard to the said remedy available to the petitioner before the trial court itself, this Court is not inclined to exercise supervisory power under Article 227 of the Constitution.
The petition is disposed of with the above observations.
(Manoj Kumar Gupta, J.) Order Date :- 30.11.2018 skv