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2023 Supreme(Raj) 1040

REKHA BORANA
Babu Lal – Appellant
Versus
Ram Dayal – Respondent


Advocates Appeared:
Parwat Singh Rathore, Advocate

JUDGMENT

Rekha Borana, J. - The present revision petition has been filed against the order dated 21.11.2022 whereby the application filed by the defendant under Order VII Rule 11 of Code of Civil Procedure has been rejected.

2. The application of the defendant has been rejected by the trial Court with a specific finding that the applicant had not mentioned any of the grounds as available to him under Order VII Rule 11, C.P.C. The only averment made in the application is that the suit is filed on incorrect facts and that there is no joint electricity connection of the plaintiff and the defendant, on the basis of which, the relief as prayed for in the suit can be granted to the plaintiff.

3. The trial Court reached to a specific finding that no ground to the effect that the suit is barred by any law or that no cause of action has been disclosed in the plaint, has been taken by the defendant in his application.

4. This Court also perused the application as filed by the defendant under Order VII Rule 11, CPC which has been annexed with the present revision petition.

5. A perusal of the same makes it clear that the said application only states the fact that there is separate electricity conn

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