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2023 Supreme(P&H) 1135

ALKA SARIN
Bishambar Dayal Kaushik – Appellant
Versus
Gurmeet Singh – Respondent


Advocates appeared:
Mr. Arun Kumar Goyat, Advocate for the petitioner.
Mr. D.R. Punia, Advocate for the respondent.

ALKA SARIN, J.

1. The present revision petition has been filed under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging the order dated 20.12.2021 passed by the Trial Court whereby the application filed by the defendant-petitioner under Order 7 Rule 11 read with Section 151 of CPC has been dismissed.

2. The brief facts relevant to the present lis are that the plaintiff-respondent filed a suit against the defendant-petitioner for recovery of damages for defaming and dragging the plaintiff-respondent into false and frivolous complaints before various authorities i.e. HRERA, Registrar Firm and Societies, Panchkula, CM Window and State Registrar of Societies etc. The defendant-petitioner filed an application under Order 7 Rule 11 of CPC for rejection of the plaint on the ground that the same did not disclose any cause of action. It was averred in the application that in the suit, there is no mention of any statements which are defamatory in nature. It has also not been mentioned in the plaint as to where and when the alleged defamatory statements are stated to have been made. It was further averred that there were no deta

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