The High Court set aside an order rejecting an Order 7 Rule 11 application, directing the lower court to decide the preliminary issue of statutory bar under the Land Acquisition Act, 1894 as a preliminary issue.
Remitted to the lower court to decide Issue No. 8 as a preliminary issue and set aside the impugned order to that extent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 (CR No. 8/2019)
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR CR No. 8 of 2019
1.2 - B. Smt. Savita D/o Late Dhananjay, Aged About 45 Years R/o Village Mahapalli, Tahsil And District Raigarh Chhattisgarh.
1.3 - C. Smt. Savitri Gupta W/o Late Dhananjay Aged About 42 Years R/o Village Mahapalli, Tahsil And District Raigarh Chhattisgarh.
2
(CR No. 8/2019)
Versus
3 (CR No. 8/2019)
Chhattisgarh., District : Raigarh, Chhattisgarh
---- Non-applicants
(Cause-title taken from the Case Information System)
| For Applicant | :- Mr . Sourabh Sharma , Counsel |
|---|---|
| For State |
:- Mr. Rahul Tamaskar, G.A. |
| For Non-applicant | :- Mr. Anurag Singh, Counsel |
SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
05.03.2024
4 (CR No. 8/2019)
Class-II, Raigarh in Civil Suit No.45A/2019 (Udhisthir & Ors Vs State of Chhattisgarh), whereby the application filed by the applicants herein (defendants) under Order 7 Rule 11 of CPC has been rejected holding that the suit is maintainable and the same is not hit by Sections 18 & 30 of the Land Acquisition Act, 1894.
5
(CR No. 8/2019)
revision stands disposed off.
Sd/- (Sanjay K. Agrawal) Judge
s@if/@d!t!
2 issues framed by the court
Whether a second application under Order 7 Rule 11 of CPC is maintainable alongside an Order 14 Rule 2 application for a preliminary issue.
Whether the suit is barred by Sections 18 and 30 of the Land Acquisition Act, 1894, and if this should be decided as a preliminary issue first.
3 provisions across 2 enactments
Dhananjay (Through Lrs/A) Pramod Gupta/Smt. Savita Smt. Savitri Gupta/Workers
State of Chhattisgarh/Executive Engineer
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
