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HIGH COURT OF MADHYA PRADESH
G. S. AHLUWALIA, J
SMT. TRIVENI BAI DIED THROUGH LRS (1) RAMLAKHAN SHARMA AND OTHERS – Appellant
Versus
SHRI NIWAS SHARMA AND OTHERS – Respondent
| Table of Content |
|---|
| 1. directive for trial courts to ascertain the existence of prior suits. (Para 4) |
| 2. application criteria under order 7 rule 11 cpc. (Para 5) |
| 3. importance of maintaining the legal order concerning prior suits. (Para 6) |
Signature Not Verified
3. Heard learned counsel for applicants.
4. It appears that earlier, an application filed under Order 7 Rule 11 CPC was dismissed by the trial court by order dated 05.07.2021, which was challenged by the applicants before this Court. By order dated 28.11.2023, the Coordinate Bench of this Court remanded the matter back to the trial court to decide the application afresh after considering the defence of plaintiffs that they had never filed the suit on earlier occasion. After the matter was remanded back, impugned order has been passed, and once again, application filed under Order 7 Rule 11 CPC has been dismissed.
5. Although multiple arguments have been advanced by counsel for applicants, but moot question for consideration is as to whether application under Order 7 Rule 11 CPC can be considered at this stage or not?
6. It is a well-established principle that an application under Order 7 Rule 11 CPC has to be decided on the basis of p
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