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2024 Supreme(MP) 16

VIVEK AGARWAL
Brajvasilal Patel, S/o. Shri Sheshmani Patel – Appellant
Versus
Jagdish, S/o. Late Shri Mangal Kurmi – Respondent


Advocates Appeared:
For the Petitioners: Shri Sanjeev Kumar Singh, Adv.
For the Respondents: Shri Jagjiwan Lal Mishra, Adv.

ORDER :

1. Though, this petition is filed challenging several orders, learned counsel for the petitioners fairly admits that on 31/8/18 he restricted his challenge to the order dated 21.12.2017 whereby an application under Order 14 Rule 2 CPC was dismissed. He did not press petition against other orders.

2. Therefore, with the consent of the parties this case is taken up for hearing only to consider the validity and correctness of the order dated 21.12.2017 passed by learned 4th Additional District Judge, Rewa deciding an application under Order 14 Rule 2 of the CPC.

3. It is not in dispute that the petitioner who are defendants 1 to 3 before the trial Court had filed an application under Order 14 Rule 5 of the CPC which was dismissed vide order dated 6.5.2016. Shri Sanjeev Singh submits that this order dated 6.5.2016 was not put to challenge before any superior Court. The application under Order 14 Rule 2 of the CPC says that since a preliminary objection was taken in regard to the provisions contained in Order 2 Rule 2 of the CPC, therefore, application under Order 14 Rule 2 CPC should have been allowed and preliminary issue in regard to maintainability of the suit in view of the pr

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