P. V. ABDULLA HAJI Vs. SAJI CHANDROTH

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned counsel for the respondents.

(2.) Coming to the instant case, going by the impugned order, it could be seen that the court below has dismissed I.A. No.492 of 2018 mainly on the ground that the reliefs under Order11, Rule11and Order11, Rule21of the Code of Civil Procedure,1908(hereinafter referred to as 'the C.P.C.)were prayed for simultaneously in a single petition and an order under Order11, Rule21of the C.P.C. can be passed, only after passing an order under Rule11of Order11of the C.P.C. and in the present petition both reliefs are prayed for simultaneously.

(3.) But, going by Ext.P8 application filed by the petitioners, it could be seen that the relief under Rule21of Order11of the C.P.C. was prayed for in alternative to the relief under Rule11of Order11of the C.P.C. and the petitioners have not prayed for both reliefs under both the provisions simultaneously. No doubt, it is also impermissible as the relief under Rule 21 can be granted after passing an order under Rule11of Order11of the C.P.C. Even if both the reliefs were prayed for simultaneously, the court below ought to have considered the relief under Rule11of Order11of the C.P.C. and dismissed the relief under Rule21of Order11of the C.P.C. Instead of it, the court below dismissed both. The court below is not justified in dismissing both the applications for the aforesaid reason only, in view of the interest of justice.