DHANWANTI Vs. ANJU

JUDGEMENT

(1.) CM No.10940/2013 (Exemption) Exemption allowed, subject to just exceptions. The application is disposed of. 1. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 6th April, 2013 passed by the learned Civil Judge, Tis Hazari Courts, Delhi in a civil suit filed by the respondent (plaintiff therein) for declaration and permanent injunction against the petitioners (defendants therein) claiming herself to be the owner of the ground floor and one room (front side) at the first floor of the property bearing No. H-366, Shakurpur, JJ Colony, Delhi-110034.

(2.) PURSUANT to the filing of the written statement, the respondent was directed repeatedly by the court to furnish original documents but he failed to do so. Thereafter the petitioners preferred an application under Order 7 Rule 11 read with Section 151 CPC for rejection of the plaint being not maintainable.

(3.) THE respondent failed to comply with the aforesaid direction and so the suit was rejected accordingly on 11th December, 2012 and a decree sheet was ordered to be prepared. However on the same day, the respondent moved an application under Order 7 Rule 11 read with Section 151 CPC for setting aside the rejection order along with the requisite court fee and amended suit. The application was allowed by order dated 6th April, 2013 for the reasons set out in the order and the order dated 11th December, 2012 was set aside. Assailing the impugned order dated 6th April, 2013, the present