Back
MADAN GOPAL VYAS
Gen Singh – Appellant
Versus
Praveen Chouhan – Respondent
ORDER :
Madan Gopal Vyas, J.
By the instant revision petition, under section 115 of the Code of Civil Procedure, 1908 petitioner-defendant has challenged order dated 29.08.2018, passed by Senior Civil Judge, Bheem, District Rajsamand (for short, 'learned trial Court'). The learned trial Court, by the order impugned has rejected application of the petitioner-defendant under Order 7, Rule 11 CPC in a suit for permanent injunction laid by respondent-plaintiffs.
2. Learned counsel for the petitioner-defendant submits while passing the impugned order, the learned trial Court has not examined the matter in its entirety and the impugned order is absolutely vague and non-speaking order. Learned counsel further submits that if the order impugned is allowed to stand then there would be substantial failure of justice. Therefore, it is prayed that the revision petition may be allowed.
3. Per contra, learned counsel for the respondent submits that the learned trial Court has passed a reasoned order and no interference is warranted.
4. From perusal of the impugned order, it is apparently shows that none of the objections made in the application under Order 7, Rule 11 read with 151 CPC has been dealt
A trial court's order must be reasoned and address all objections raised; failure to do so results in substantial injustice.
The main legal point established is the need to consider the implications of revisions and orders when deciding on remand, and the limitations and conditions for making a reference to the High Court ....
The cause of action paragraph set out in the plaint must be considered along with the other averments stated in the plaint as a whole for rejection of the plaint under Order VII, Rule 11 CPC.
The court affirmed that only the plaint's averments are to be considered in an application under Order 7 Rule 11, ruling that the plaint sufficiently disclosed a cause of action and other objections ....
The main legal point established in the judgment is the limited scope of judicial inquiry at the application stage under Order VII Rule 11 of the CPC and the interpretation of the grounds for rejecti....
Point of Law : Revisional jurisdiction under Section 115 CPC is to be exercised to correct jurisdictional errors only.
The Court emphasized that the provision under Order VII Rule 11 of the CPC provides for the rejection of a plaint based on limited grounds, and issues requiring analysis of evidence or constituting t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
