HIGH COURT OF JAMMU, KASHMIR AND LADAKH

AT JAMMU

CR No. 7/2022(O&M)

Reserved on : 08.11.2023

Pronounced on: 24.11.2023

1.

Sh. Pradeep Rajwal, Age 66

years S/o. Late Sh. Basant Ram

Rajwal, R/o. F-68, Kanji House,

Gummat, Jammu.

2.

Smt. Sulochana Mohan, Age 85

years, W/o. Lt. Sh. Manmohan

Lal R/o. H. No. 155, New Plot,

Jammu

…..Appellant(s)/Petitioner(s)

Through: Mr. Vivek Sharma, Adv.

vs

1.

Sh. Yog Raj

S/o. Bhunda Ram, R/o. H. No. 1,

Sector-1, Roop Nagar, Jammu.

.…. Respondent(s)

Through: Mr. P. S. Pawar, Adv.

Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

JUDGEMENT

1.

The instant revision petition has been filed by the petitioners against order

dated 20.11.2021 passed by the Court of learned 2^nd Civil Subordinate Judge

(Passenger Tax, Shops and Estt. Act), Jammu (hereinafter to be referred as the

‘trial court’) by virtue of which the application filed by the petitioners under

Order 7 Rule 11 of the Code of Civil Procedure (for short the Code) for

rejection of plaint, has been rejected.

2.

The factual matrix of the controversy in hand is that the respondent