GITA SINGH Vs. PREM LATA MEENA & ORS

JUDGEMENT

(1.) C.M. No.18924/2014 (exemption)

(2.) This petition under Article 227 of the Constitution of India impugns the judgment of the trial court dated 28.7.2014 by which the trial court has allowed the leave to defend application in a suit for recovery filed by the petitioner/plaintiff.

(3.) I have asked the counsel for the petitioner to show me any para in the plaint averring as to how the suit is to be filed under Order XXXVII of Code of Civil Procedure, 1908 (CPC), and to which query counsel for the petitioner had no option but to concede that in the plaint no averment is made as to how the suit is filed and maintainable under Order XXXVII CPC.