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2023 Supreme(HP) 472

AJAY MOHAN GOEL
Bansi Ram – Appellant
Versus
Tyali Cooperative Consumer Store – Respondent


Advocates Appeared:
For the Appellants : Mr. Surinder Saklani.
For the Respondents: Mr. Y.P. Sood.

JUDGMENT :

(Ajay Mohan Goel, J.)

By way of this appeal, the appellants have challenged the judgment dated 30.04.2019, passed by the Court of learned District Judge (Forest), Shimla, in Civil Appeal No.18-S/13 of 2017/2015, titled The Tyali Co-operative Consumer Store/Society vs. Bansi Ram & Ors., in terms whereof, the learned Appellate Court while allowing the appeal of the respondents herein set aside the order dated 18.03.2015, passed by the Court of learned Civil Judge, Senior Division Theog, in CMA No.11 of 2006 of 2015, titled The Tyali Co-operative Consumer Store & Anr. vs. Bansi Ram & Ors., in terms whereof, an application filed under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure by the petitioners herein/defendants was allowed.

2. Brief facts necessary for the adjudication of this appeal are that respondents/plaintiffs (hereinafter referred to as the plaintiffs) have filed a suit against the petitioners/defendants (hereinafter referred to as the defendants) for Permanent Perpetual and Prohibitory Injunction. Petitioners herein filed an application under Order 7 Rule 11 read with Section 151 of the CPC for rejection of the plaint on 30.05.2014. It was av

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