CENT BANK Vs. LAXMANDAS

JUDGEMENT

(1.) THE applicant is aggrieved by an order dated 12-6-2007 passed by Additional District Judge, Bilaspur in Civil Suit No. 8-A/2007, whereby the application under Order 7 Rule 11 of the Code of Civil Procedure (henceforth 'the Code') filed by the applicant/defendant was dismissed on the ground that the defendant should file written statement raising all such objections. No order on merit was passed on the application under Order 7 Rule 11 of the Code.

(2.) IN Saleem Bhai and Ors. v. State of Maharashtra and Ors. : [2002]SUPP5SCR491 , the Apex Court has held as under:

(3.) IN Sajjan Sikaria and Ors. v. Shakuntala Devi Mishra and Ors. (2005) 13 SCC 687, the Apex Court has in a similar situation observed as under: