PURNIMA BATHLA Vs. UTTARAKHAND GRAMIN BANK

JUDGEMENT

(1.) This First Appeal has been preferred by the plaintiff against the dismissal of the Suit, whereby the Court of Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar had dismissed the Original Suit No. 118 of 2017, Smt. Purnima Bathla v. Uttarakhand Gramin Bank and Others, while deciding the suit on preliminary issue, which was raised by the respondent/Bank by filing of an application Paper No. 28 Ga invoking the provisions contained under Order 7 Rule 11(d) of CPC.

(2.) This Appeal has been filed along with a Delay Condonation Application No. 6184 of 2019, with a delay of 85 days seeking its condonation. Since the respondent has already put in appearance and the defendant/respondent does not oppose the condonation of delay, hence the Delay Condonation Application would stand allowed and the delay which has chanced in filing the first appeal would stand condoned.

(3.) While hearing this appeal at an admission stage and looking to the circumstances which are legally involved in the present First Appeal, this Court is of the view that it's a fit case where the provisions of Order 41 Rule 11 of the Code of Civil Procedure, deserves to be invoked wherein the First Appellate Court may without issuing notices to the other side to address the Appeal on merits can dismiss the same without admitting it. The provisions of Order 41 Rule 11 of CPC is quoted hereunder:-