SMT. SUSHILA SURI Vs. DR. SUSHEEL SURI

JUDGEMENT

(1.) This civil revision filed under Sec. 115 of C.P.C. has questioned the legality of order passed by the trial court in Regular Suit No. 342 of 2015 on 12.8.2016 rejecting the objections filed by the revisionist/defendant no. 2 under Order 7, Rule 11 CPC.

(2.) At the very outset learned counsel for opposite parties no. 1 and 3 raised a preliminary objection as to the maintainability of present revision on the ground that the trial court has left the objections raised by the revisionist under Order 2, Rule 2 C.P.C. open, as such, the present revision is not maintainable before this Court at this stage.

(3.) Undisputedly, the objections raised by the revisionist under Order 7, Rule 11 have been rejected by recording a clear finding that the cause of action giving rise to the subsequent suit itself cannot be adjudged without proving the averments of the earlier plaint by leading evidence. Thus, the court below has left open to consider all the objections in the light of principles underlying Order 2, Rule 2 C.P.C. at an appropriate stage of suit proceedings. There is no doubt that the satisfaction arrived at to defer the consideration of an objection amounts to an order which is revisable, hence the preliminary objection is overruled.