LOK PAL SINGH
Kishan Singh – Appellant
Versus
Bhupendra Singh – Respondent
ORDER :
Lok Pal Singh, J.
1. Instant civil revision is directed against the order dated 16.02.2019 passed by Civil Judge (Senior Division), Almora, whereby the application filed by the revisionists/defendants paper No. 50A under Order 7, Rule 11 (a), (b) and (d) of CPC has been dismissed.
2. Facts, in brief, are that plaintiffs/respondent Nos. 1 and 2 filed a suit being Civil Suit No. 21 of 2016 against the revisionists/defendants seeking demolition of alleged illegal construction, restoration of possession and permanent injunction in respect of property in dispute. Revisionists/defendants contested the suit and filed their written statements. Respondent No. 3/defendant No. 3 also filed a separate written statement. On the basis of pleadings of parties, relevant issues were framed. Thereafter, the case was fixed for evidence. The plaintiff filed affidavit of examination-in-chief and the case was fixed for cross- examination of the plaintiff. Meanwhile, revisionists/defendants filed an application under Order VII, Rule 11 of CPC, for rejection of plaint on the ground that the plaint does not disclose any cause of action; suit of the plaintiff is undervalued and the plaint is barred by
Bhau Ram v. Janak Singh (2012) 8 SCC 701 : (AIR 2012 SC 3023)
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