Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Shamsher Thakur – Appellant
Versus
Kunal Thakur – Respondent
| Table of Content |
|---|
| 1. legal representatives impleaded; delay condoned; abatement set aside. (Para 1 , 2 , 3) |
| 2. petition challenges trial court's partial allowance of o7 r11 application. (Para 4) |
| 3. o7 r11 adjudication based solely on plaint; no mini-trial or evidence. (Para 5 , 6 , 7) |
| 4. plaint discloses cause of action and filed within limitation. (Para 8) |
| 5. impugned order set aside; o7 r11 dismissed; suit to merits. (Para 9 , 10) |
JUDGMENT :
AJAY MOHAN GOEL, J.
CMP (M) No. 1754 and 1755 of 2025
1. By way of these two applications, a prayer has been made to bring on record the legal representatives of deceased respondent No.6 as well as for condonation of delay in filing the application and setting aside abatement.
2. Mr. Ashwani Kumar Negi, Advocate, has put in appearance on behalf of the proposed respondents.
3. In the light of the averments made in the applications, the same are allowed. The name of deceased respondent No.6 is ordered to be deleted from the array of respondents. The proposed legal representatives are impleaded as respondents No.6(a) to 6(d) in place of the deceased respondent No.6. Delay in filing the applications are condoned and abatement, if any, set aside. Application
Order 7 Rule 11 CPC application decided solely on plaint averments and documents; no defence consideration, issue-framing, or witness examination permitted, as it constitutes impermissible mini-trial....
The rejection of a plaint under Order 7, Rule 11 must consider substantive issues and cannot be based solely on procedural grounds if differing issues are raised in subsequent petitions.
It is perspicuous and indubitable, even from a plain reading of afore provision that, what is provided for is rejection of plaint if any of causes.
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
