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2022 Supreme(P&H) 1524

MANJARI NEHRU KAUL
Nimrata Shergill – Appellant
Versus
Shop Owners Welfare Association – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajesh Garg, Sr. Advocate with Ms. Neha Matharoo, Advocate
For the Respondent:Mr. Gaurav Datta, Advocate and Ms. Shrishti Sharma, Advocate

JUDGMENT :

MANJARI NEHRU KAUL, J.

1. The instant revision petition has been preferred under Article 227 of the Constitution of India, for setting aside of order dated 09th March, 2022 (Annexure P-3), passed by Addl. Civil Judge (Sr. Divn.), Chandigarh, vide which, application filed under Order 7 Rule 11 of the Code of Civil Procedure (hereafter called as 'Code') for rejection of plaint in a summary suit, by the respondent-defendant, was allowed.

2. It would be apposite to give a brief sequence of events leading to the filing of the instant revision petition by the petitioners, who are plaintiffs before the Court below. Parties hereinafter shall be referred to by their original positions before the Court below.

3. Plaintiffs, who are practicing Advocates, filed a summary suit under Order XXXVII of Code for grant of a decree for recovery of Rs.49,66,510/- (i.e. Rs. 10,11,900/- towards plaintiff No.1 and Rs. 39,54,610/- towards plaintiff No.2) along with interest pendente lite @ 12% p.a., during the pendency of the suit and future interest @ 12% p.a. till its actual realization, along with costs and legal fee dues from the defendant for various cases contested on its behalf. It has been p

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