MONA BAI SAHU Vs. SANJIV KUMAR JAIN

JUDGEMENT

(1.) This petition takes exception to the order dated 20.12.2019 passed by the Court of 23rd Civil Judge, Class-1, Jabalpur, whereby the application filed by the present petitioner/defendant under Order 7 Rule 11 CPC has been dismissed.

(2.) The contention of learned counsel for the petitioner/defendant is that the sale deed dated 18.05.1999 was in the knowledge of the plaintiff as in a suit filed earlier by his wife the said fact has been mentioned. The trial Court after considering the averments made in the application under Order 7 Rule 11 of CPC and reply filed by the plaintiff to the said application rejected the application on the ground that the documents produced by the defendant along with the application can be a matter of defence, however, the same cannot be considered at the stage of deciding the application under Order 7 Rule 11 CPC.

(3.) Learned counsel for the petitioner/defendant has placed reliance on a decision passed by the Apex Court in the case of Raghwendra Sharan Singh vs. Ram Prasanna Singh (dead) by LRs, Civil Appeal No.2960/2019, whereby the Hon'ble Court has reiterated the principles laid down in the cases of A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies (1989) 2 SCC 163, Sopan Sukhdeo Sable v. Assistant Charity Commissioner (2004) 3 SCC 137 and held: