JUDGMENT

Jyoti Singh, J. (Oral)

CM No. 13462/2021 (Exemption)

Allowed, subject to all just exceptions.

Application is disposed of.

C.R.P. 35/2021 and CM No. 13461/2021

1. Present Civil Revision Petition has been filed assailing an order dated 21.01.2021 passed by the learned Trial Court rejecting an application filed by the Defendant under Order VII Rule 11 CPC. The Petitioner herein is the Defendant and the Respondent is the Plaintiff before the Trial Court.

2. Respondent filed a suit bearing No.55/2020 for possession and permanent injunction claiming himself to be the owner of the suit property since 1994 and also claiming that possession of the property was handed over to the late husband of the Defendant in January, 2005, out of love and affection but after his death in August, 2005, Defendant has continued in possession and is refusing to vacate. Defendant filed a written statement along with an application under Order VII Rule 11 CPC for rejection of the plaint.

3. The learned Trial Court vide order dated 21.01.2021 dismissed the application under Order VII Rule 11 CPC and has listed the matter for admission/denial and framing of issues. The application was premised on two