RAM Vs. MURLIDHAR

JUDGEMENT

(1.) THIS Civil Revision petition under section 115 of CPC is by the 2nd defendant in O. S. No. 85/2006 on the file of the I Additional Civil Judge (Jr. Dn), Gulbarga being aggrieved by the order dated 6-1-2007 whereby, the learned Trial Judge has not passed a clear order on the application filed by the revision petitioner under Order 7, Rule 11 (d) of CPC but has relegated deciding the application after recording the evidence of the parties.

(2.) PETITIONER has pleaded that the learned Trial Judge could not have deferred passing an order on the application, that an application filed under order 7, Rule 11 (d) should be decided at the threshold as otherwise the very object and purpose of the provision will be defeated and that the learned Trial Judge ought to have allowed the application and returned the plaint.

(3.) I have heard Sri Ameet Kumar Deshpande, learned Counsel for the petitioner and Sri Pramod P. Kulkarni, learned Counsel for the respondents.