PARAM HANS MARWAHA Vs. S SANTHOSH KUMAR

JUDGEMENT

(1.) THE instant appeal is filed against the order dated 01.04.2011 passed in O.S. No. 26450/2009. By the said order, the Court below has allowed the application filed under Order 7, Rule 11 of Civil Procedure Code and has rejected the plaint.

(2.) HAVING heard the learned senior counsel for the appellant and the learned counsel for the respondent, I have perused the appeal papers. The learned senior counsel with reference to the order sheet maintained in O.S. No. 26450/2009 would point out that in fact, the case had been listed for hearing the application filed under Order 26 and Rule 9 on 15.12.2010. Thereafter, though the case had been adjourned on the subsequent dates, ultimately the order on the application filed under Order 7, Rule 11 is passed on 01.04.2011, which would clearly indicate that the said application had not been heard but, the order had been passed unilaterally. This in fact is evident from the order sheet of the Court below and the said aspect has not been seriously disputed by the learned counsel for the respondent but he only contends that the appellant herein had filed the objections to the said application and therefore the Court below was justified. I am afraid such contention cannot be accepted. Further, though such blatant error is seen from the order sheet, I am only refraining myself from making any other comments in the judicial order but would advise the Learned Judge of the Court below to take note of this aspect and if it has happened as mistake to rectify the same and be careful in future.