TAKE RAMA AND OTHERS versus PRADEEP KUMAR AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Take Rama And Others v. Pradeep Kumar And Others - WRIT - C No. 7128 of 2007 [2007] RD-AH 2193 (9 February 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Tarun  Agarwala,J.

Heard Sri Vinod Sinha, the learned counsel for the petitioner and Sri H.N.Singh, the learned counsel for the opposite parties. This petition is being finally disposed of at the admission stage itself.

The defendant filed an application under Order 7 Rule 11 of the C.P.C. which was rejected. The defendant preferred a revision which was allowed by the impugned order and the matter was remitted back to the trial court to re-decide the application afresh. The plaintiff being aggrieved by the said order has filed the present writ petition. In my view, no interference is required in the writ jurisdiction. The petitioner may impress the grounds before the trial court.

The writ petition fails and is dismissed.

It is however, made clear that any finding or observation made by the revisional court in its order dated 10.1.2007 shall not be utilised or considered by the trial court while deciding the application under Order 7 Rule 11 of the C.P.C. on merit.

Dated:9.2.2007

AKJ(WP 7128/07)

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