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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Sandeep Kumar – Appellant
Versus
Sarvan Singh – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. Present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 11.02.2016 passed by the District Judge, Panipat, whereby the appeal filed by the respondent against the order dated 19.05.2015 passed by the Additional Civil Judge (Senior Division), Panipat has been accepted.
2. Learned counsel for the petitioner has submitted that in the present case, the petitioner/plaintiff had filed a suit for declaration and the respondent had filed an application under Order 7 Rule 11 CPC, which was dismissed by the trial Court vide order dated 19.05.2015. It is further submitted that the respondent had filed an appeal against the said order and the 1st Appellate Court allowed the said appeal and also allowed the application under Order 7 Rule 11 CPC and directed the petitioner to pay ad valorem Court fee. It is argued that against the dismissal of the application under Order 7 Rule 11 CPC, an appeal is not maintainable and reference in this regard has been made to Order 43 Rule 1 CPC, which enumerates all the orders which are appealable.
3. On 30.03.2016, a Co-ordinate Bench of this Court was ple
The Court emphasized that the provision under Order VII Rule 11 of the CPC provides for the rejection of a plaint based on limited grounds, and issues requiring analysis of evidence or constituting t....
The court emphasized that the scope of judicial inquiry under Order VII Rule 11 of the CPC is limited to examining the averments made in the plaint and that issues requiring analysis of evidence cann....
The main legal point established in the judgment is the limited scope of judicial inquiry at the application stage under Order VII Rule 11 of the CPC and the interpretation of the grounds for rejecti....
The main legal point established in the judgment is the relevance of the averments in the plaint for deciding an application under Order 7, Rule 11 of CPC and the availability of an alternate remedy ....
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