Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Abdul gafoor (deceased) thr lrs. – Appellant
Versus
Ashok Kumar Verma – Respondent
JUDGMENT :
Alka Sarin, J. (Oral)
The present revision petition has been preferred by the defendant-petitioners challenging the order dated 04.08.2023 passed by the learned Civil Judge (Junior Division), Malerkotla whereby the application filed by them under Order 7 Rule 11 of the Civil Procedure Code, 1908 was dismissed.
2. The brief facts relevant to the present lis are that the plaintiff-respondent filed a suit for permanent injunction for restraining the defendant-petitioners from dispossessing and interfering in the peaceful possession, use and enjoyment of the plaintiff-respondent over the shop bearing Municipal No.B-16/605 measuring 11.5/6 square yards as detailed in the plaint. The defendant-petitioners herein filed an application under Order 7 Rule 11 CPC for rejection of the plaint averring therein that earlier a petition for eviction had been filed against one Rakesh Kumar and in the said eviction petition Rakesh Kumar was directed to hand over vacant possession of the shop in dispute to the present defendant-petitioners. Thereafter, the present plaintiff-respondent, namely, Ashok Kumar had filed objections which were allowed and an appeal against the said order is pending a
The main legal point established in the judgment is that while deciding an application under Order VII Rule 11 CPC, only the averments of the plaint are to be considered, and the arguments raised by ....
The court affirms that a plaint cannot be rejected under Order VII Rule 11 CPC without a detailed evidential examination.
The court affirmed that only the plaint's averments are to be considered in an application under Order 7 Rule 11, ruling that the plaint sufficiently disclosed a cause of action and other objections ....
The main legal point established in the judgment is that at the stage of considering an application under Order VII Rule 11 of the CPC, the trial Court need not conduct a roving inquiry into the fact....
Mere plea of Order II Rule 2 of CPC taken up by the petitioners as defendants in the trial Court was not with respect to filing of the suit on the same cause of action, but, Order II Rule 2 of CPC wa....
(1) It is plaint averment that is required to be primarily considered at stage of considering application under Order VII Rule 11(d) of CPC.(2) Plea with respect to Order II Rule 2 of CPC has to be e....
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
