The application for rejection of the plaint should be considered before the framing of issues, and there is a difference between the provisions of Order 7, Rule 11 and Order 14, Rule 2, CPC.

Heard learned counsel for the parties and with their consent, this application is disposed of at the admission stage itself.

2. This revision under Section 115, CPC is directed against the order dated 5-9-2007 passed by Subordinate Judge-1st, Dumka in Title Suit No. 113/2005, whereby he has rejected the application filed by the defendant-petitioner under Order 7, Rule 11. CPC.

3. The plaintiff-respondent filed the aforementioned suit for declaration of title and recovery of possession of the suit property , on the ground that he is the adopted son of Batasia Devi and Ram Dahin Sah, which was followed by a registered deed of adoption dated 16-1-1985. The adopted mother i.e. Batasia Devi died in the year 1987 and adopted father died in the year 1991. According to the plaintiff-respondent he acquired the valid right, title and interest over the suit property. However, the defendant No.1 alleged to have obtained a fraudulent and fictitious registered deed dated 15-121979 executed by Batasia Devi. Thereafter Batasia Devi filed Title Suit No.9/84 for declaration that the deed of gift was sham transaction. In the said suit a compromise was done in the Lok Adalat.

4. On the basis of the pleadings, the defendant-petitioner filed an application under Order 7, Rule II, CPC praying for rejection of the plaint on the ground that it is barred by provisions of Legal Services Authorities Act, 1987. The Court below, after hearing the parties, rejected the application on the ground that issues have not yet been settled in the suit and, therefore, the points raised by the defendant-petitioner shall be considered after framing of issues.

5. There is difference between the provisions of Order 7, Rule 11 and Order 14, Rule 2, CPC. Under Order 14, Rule 2, CPC a prayer may be made before the Court for deciding any issues as a preliminary issue whereas under Order 7, Rule II, CPC the defendant may make a prayer for rejection of the plaint on the ground enumerated under Order 7, Rule 11. CPC. Hence, prima facie I am of the view that the Court will not wait for disposal of the application filed under Order 7, Rule II, CPC till the framing of issues. On going ,through the plaint, particularly paras 6, 10, 13 and 22, it appears that the Court below has to consider the application and to pass order as to why the plaint be not liable to be rejected. The impugned order, therefore, cannot be sustained in law.

6. This application is, therefore, allowed and the impugned order is set aside.

The matter is remitted back to the Court below to dispose of the application filed by the defend ant-petitioner under Order 7, Rule II, CPC by a reasoned order.

Application allowed.