Nisha Devliya VS Nandani Mishra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ACHAL KUMAR PALIWAL
Nisha Devliya – Appellant
Versus
Nandani Mishra – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner: Shri R.S. Chhabra, Learned Senior Counsel with Shri Aman Arora, Learned Counsel
For the Respondents: Shri Khiladi Lal Gangore, Learned Counsel [CAVEAT]

ORDER

This civil revision under Section 115 of CPC has been filed by the petitioners/defendants challenging order dated 14.10.2023 passed by 22nd District Judge, Indore in E.P. No.02/2022 whereby learned trial court dismissed the application filed by petitioners under Order 7 Rule 11 of CPC.

2. Learned senior counsel for the petitioner/defendant, after referring to relevant provisions of M.P. Municipal Corporation Act, 1956; M.P. Nagar Palika Nirvachan Niyam, 1994 and Representation of Public Act, 1951, submits that columns of affidavit/verification are required to be duly filled. Learned senior counsel for petitioner/defendant submits that he filed application under Order 7 Rule 11 of CPC, primarily with respect to absence of cause of action and plaint is barred by law. This application appears to have been filed under Order 7 Rule 11 (a)(d) of CPC. It is submitted that information provided in the affidavit should be true/correct and no part of it should be false. Further, no material fact should be concealed.

3. Learned senior counsel for the petitioner, after referring to information provided by the petitioner/defendant with respect to immovable property of petitioner as well as

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