SIKHA NAUG Vs. MEGHALAYA HINDU MISSION

JUDGEMENT

(1.) An order dtd. 15/6/2023 passed by the learned Assistant to the Deputy Commissioner, Shillong in Misc Case No. 79(T) 2021 is under challenge herein by the petitioner who has approached this Court with this application under Article 227 of the Constitution of India read with Rule 36A of the Rules for the Administration of Justice and Police in the Khasi and Jaintia Hills, 1937.

(2.) The background of the case is that the respondent herein had instituted a civil suit being T.S. No. 15(T) of 2008, subsequently renumbered as T.S. No. 110(T) of 2013 in the court of the learned Assistant to the Deputy Commissioner, Shillong. The suit was filed apparently on the ground that the petitioner/defendant had encroached upon the property of the respondent/plaintiff. The petitioner/defendant has then filed the written statement and the case is at the evidence stage with three witnesses already examined as plaintiff"s witnesses.

(3.) It is the contention of the petitioner/defendant that the plaint did not disclose any cause of action and it is therefore liable to be rejected by the learned trial court. Accordingly, the petitioner filed an application under Order 7 Rule 11(a) of the Code of Civil Procedure with a prayer for rejection of the plaint. The same was registered as Misc. Case No. 79(T) of 2021.