This revision petition challenged the rejection of an application under Order 7 Rule 11 CPC by the Civil Judge, Sriganganagar. The High Court found the grounds for invoking the rule illusory and held that the impugned order did not commit any manifest or jurisdictional error.
Revision petition rejected in limine.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision No. 78/2018
Medh Kshatriya Swarankar Sabha Trust, Sri Ganganagar Through Secretary Prem Soni S/o Shri Bhagirath Soni, By Caste Soni, Aged 36 Years, resident of 15, C-Block, Sri Ganganagar.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. M.S. Soni
HON'BLE MR. JUSTICE P.K. LOHRA
Order
19/11/2018
Heard learned counsel for the petitioner-defendant and perused impugned order dated 24.03.2018 passed by Civil Judge, Sriganganagar (for short, ‘learned Court below’). By the order impugned, learned Court below rejected application of the petitioner under Order 7 Rule 11 CPC in a suit for declaration, mandatory and perpetual injunction filed by first respondent-
(2 of 2)
[CR-78/2018]
plaintiff. Learned Court below, upon examining the application of the petitioner, has found that none of the grounds find mention in Rule 11 of Order 7 CPC are available to the petitioner.
While it is true that Legislature in its wisdom has incorporated provision under Rule 11 of Order 7 CPC to throw a plaint at the threshold, if it is a case of non-disclosure of cause of action, or it is barred by law, or some other conditions are not satisfied.
The grounds set out by the petitioner for invoking Order 7 Rule 11 CPC are simply illusory and none of those grounds are embraced by Rule 11 of Order 7 CPC.
In view thereof unhesitatingly, in my view, learned Court below has not committed any manifest error of law, much less jurisdictional error.
Resultantly, the revision petition fails and the same is hereby rejected in limini.
(P.K. LOHRA),J
Bharti/12
1 issue framed by the court
Whether the rejection of an application under Order 7 Rule 11 CPC by the court below involving complaint of non-availability of grounds stated in the rule commits a manifest error of law or jurisdicti
1 provisions across 1 enactments
Medh Kshatriya Swarankar Sabha Trust, Sri Ganganagar Through Secretary Prem Soni
Laxmi Narayan Soni S/o Shri Moda Ram
Ramesh Kumar Soni S/o Shri Prem Raj Soni
Bhura Mal Swami
Devsthan Department, Hanumangarh Through Asstt. Commissioner
Commissioner, Devasthan Department, Udaipur
P.K. Lohra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
