The High Court at Patna dismissed an application challenging an order that held grounds for rejecting a plaint under Order 7 Rule 11 CrPC were subject matter of issues framed for final hearing. The suit was pending at that stage, and the current application was dismissed.
The writ application challenging the order dated 24.11.2008 is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9677 of 2010
Versus
For the Petitioner:Mr. Brij Mohan Kr. Singh, Advocate For the State:Mr. S.D. Sanjay, AAG no. 12 & Mr. Gopal Pd. Gupta, AC to AAG No.-12
The Court finds no infirmity in the impugned
order dated 24.11.2008, when it holds that the grounds urged for rejecting the plaint and dismissing the Suit under Order 7 Rule 11 Cr.P.C. are the subject matter of issues framed by the Court and which shall be decided at the time of final hearing and that the Suit was pending at the stage of final hearing.
The application is dismissed.
P.K
( Navin Sinha, J.)
3 issues framed by the court
Whether the grounds for rejecting the plaint and dismissing the suit under Order 7 Rule 11 Cr.P.C. can be decided at a later stage after issues are framed.
Whether the writ application challenging the法院 decision regarding the pending suit should be allowed or dismissed.
What direction the court should take regarding the pending suit at the stage of final hearing.
1 provisions across 1 enactments
Asgar Ali
The State of Bihar through Chief Secretary, Govt. of Bihar, Patna
Nargis Begum
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
