SATWARA NARSHIBHAI DEVRAJBHAI NAKUM Vs. VIKRAMSINH NATHUBHA ZALA

JUDGEMENT

(1.) PRESENT First Appeal has been preferred by the appellantoriginal plaintiff being aggrieved with the impugned order passed below Exh.31 in Special Civil Suit No.90 of 2010 by the Additional Senior Civil Judge, Morbi dated 29.09.2012 on the grounds stated in the memo of Appeal inter alia that the impugned order is contrary to the provisions of Order VII, Rule 11(a) of the Civil Procedure Code, 1908. It is contended that the Court below has committed jurisdictional error in passing the impugned order. It is contended that the Court below has failed to appreciate that while exercising power under Order VII, Rule 11 of the Civil Procedure Code, the Court is required to look only plaint without any additional material and the Court has erred in considering the defence or other material. It is contended that the Court below has given direction to the District Collector, Rajkot, who is not a party to the suit to investigate into the matter and, therefore, the impugned order is erroneous.

(2.) HEARD learned counsel, Shri S.P. Majmudar for the appellantoriginal plaintiff.

(3.) THOUGH the submissions have been made at length referring to various authorities, it is well accepted that the authorities and the observations made have to be considered in background of the facts of each case and it has to be read in the context of the discussion made in the judgment.