Order

08/04/2025

1. Heard the parties.

2. The writ petitioners are defendants of Civil Suit No.01/2020. The civil suit was filed by the respondents under Section 91(1) and (2) CPC claiming relief that defendant Nos.1 to 4 be restrained by a decree of perpetual injunction from making any construction on the purchased plot, beyond the map sanctioned by the Nagar Palika on 12.07.2019, without leaving setback. Further prayer was that the residential premises should not be allowed to be used for commercial purposes and the defendants be restrained from letting out the premises. Further injunction was sought for asking the defendants to remove the construction which was against the sanctioned map.

3. Along with the plaint, a separate application for leave of the court to file the suit was also filed. However, no order on the application for leave was passed. In the meantime, the petitioners filed an application for rejection of plaint under Order VII Rule 11 CPC mainly on the ground that without the leave of the court, the plaint could not have been proceeded with as required under Section 91 CPC. The learned trial judge by the impugned order dated 06.01.2020 rejected the prayer for rejecti