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2022 Supreme(HP) 902

VIVEK SINGH THAKUR
Bakshish Singh Sons of Sh Tara Singh (Dead) Through Lrs – Appellant
Versus
Ajay Vir Singh S/o Sh. Sukh Dev Singh Gill – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff :Shri Ajay Kumar Dhiman, Advocate
For the Defendant :Shri Bhupinder Gupta, Senior Advocate, With Shri Janesh Gupta, Advocate, Shri Karan Singh Kanwar, Advocate, Shri Desh Raj Thakur, Advocate, Shri Ashok K. Tyagi, Advocate, Shri Rajneesh K. Lall, Advocate,

JUDGMENT :

In this Civil Suit, defendants No.15 to 18 have filed an application OMP No.239 of 2021, under Order VII Rule 11 of the Code of Civil Procedure (for short ‘CPC’), for rejection of plaint under Rules 11(b) & 11(d) of Order VII CPC, on the grounds that there is no right to sue for the relief claimed in the suit, suit is barred by Law of Limitation, and, cause of action and relief claimed is not recognized by law of land and, thus, suit is manifestly vexatious and meritless and abuse of process of law.

2. In response, plaintiffs have claimed that the application is an abuse of process of law and is not maintainable, as the defendants No.15 to 18 have not come to the Court with clean hands and the application is bad on account of lack of better particulars, material information and it suffers from legal error. It has been claimed on behalf of the plaintiffs that for the pleadings in the plaint and documents filed therewith, suit filed by the plaintiffs is maintainable and no ground, as claimed by defendants No.15 to 18, is made out for rejection of plaint.

3. Learned counsel for defendants No.15 to 18 have placed reliance on T. Arivandandam v. T.V. Satyapal & another, (1977) 4

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