A Gram Panchayat sought direction to the trial court to decide its long-pending application under Order VII Rule 11 CPC to reject a plaint filed in 2018. Without notice, the court directed disposal within two months.
Trial Court directed to dispose of pending Order VII Rule 11 CPC application within two months.
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AT CHANDIGARH
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118 CR-5706-2024 Date of Decision.:04.10.2024
Gram Panchayat Assan Kalan Pe''oner Vs. Surender and Others Respondents
CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Som Nath Saini, Advocate for the pe��oner.
DEEPAK GUPTA, J. (ORAL)
Simple prayer made by the pe��oner in the present revision pe��on is to direct the trial Court of ld. Addi�onal Civil Judge (Senior Division), Panipat to decide its applica�on under Order VII Rule 11 CPC for rejec�on of the plaint which is pending since 2019 in civil suit bearing No.CS-681-2018 �tled “Surender and Others v. State of Haryana and Others”.
Learned counsel contends that �tle suit was filed wayback in 2018, wherein the pe��oner- defendant Gram Panchayat Assan Kalan had moved an applica�on under Order VII Rule 11 CPC for rejec�on of the plaint (Annexure P-3) on 20.03.2019. Though the reply to the applica�on was filed by the plain�ff on 25.03.2019 but the said applica�on has not been disposed of in the last more than 05 years.
Without issuing any no�ce of the pe��on to the other party, lest it may delay the proceedings, the concerned trial Court is hereby directed to dispose of the pending applica�on under Order VII Rule 11 CPC within next two months posi�vely from the date of receipt of the order.
NEETIKA TUTEJA 2024.10.04 16:01 I attest to the accuracy and integrity of this document
CR-5706-2024
Disposed of.
Since this order has been passed without issuing any no�ce to the
respondents, they will be at liberty to approach this Court, in case they feels aggrieved by the order.
( DEEPAK GUPTA )
JUDGE
October 04, 2024
Nee�ka Tuteja
Whether Speaking/reasonedYes/No Whether Reportable Yes/No
NEETIKA TUTEJA 2024.10.04 16:01 I attest to the accuracy and integrity of this document
1 issue framed by the court
Should the trial Court be directed to promptly decide the pending application under Order VII Rule 11 CPC to reject the plaint in civil suit CS-681-2018?
1 provisions across 1 enactments
Gram Panchayat Assan Kalan
Surender
Deepak Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
