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2018 Supreme(P&H) 385

KULDIP SINGH
Shakti Trading Co. – Appellant
Versus
Kailashwanti – Respondent


Advocate Appeared:
For the Petitioner:Mr. Aman Kashyap and Mr. Sahil Sharma, Advocates.

JUDGMENT :

KULDIP SINGH, J.

1. Heard, the learned counsel for petitioner.

2. The petitioner has impugned the order dated 15.7.2017, passed by the learned Civil Judge (Junior Division), Bathinda, vide which application filed by defendant-respondent No. 2 under Order 7 Rule 11 of Civil Procedure Code, 1908, for rejection of plaint, has been allowed. Also impugned is the order dated 24.11.2017, passed by the learned Additional District Judge, Bathinda, vide which appeal against said order, was dismissed.

3. It comes out that present petitioner Shakti Trading Company filed a suit for permanent injunction restraining defendants-respondents from dispossessing the plaintiff-petitioner from the disputed property without filing an eviction application on the premises that the plaintiff-petitioner is a tenant under defendant No. 1 in the said property. On appearance defendant-respondent No. 2, which is a finance company, filed an application under Order 7 Rule 11 CPC, 1908, for rejection of plaint on the ground that defendant No. 1 alongwith her husband had obtained a loan of Rs. 4,25,00,000/- on 31.7.2013. The loan was to be repaid with interest in 144 monthly installments of Rs. 5,84,216/-. Eq


































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