LAWS(DLH)-2022-10-79

JOGINDER SANSANWAL Vs. SOHAN

Decided On October 17, 2022
JOGINDER SANSANWAL Appellant
V/S
SOHAN Respondents

JUDGEMENT

(1.) The impugned order dtd. 27/7/2017, passed by the Additional District Judge ("the learned ADJ") in CS 6915/16 (Joginder Sansanwal v. Sohan) reads as under:

(2.) It is obvious, on its face, that the impugned order cannot sustain in law or in fact. A suit, once instituted, has to proceed to trial, and can be disposed of only after trial. It is only where one of the exigencies envisaged by Order VII Rule 11 of the CPC applies that the suit can be dismissed without trial.

(3.) Order VII Rule 11 of the CPC reads thus: