BINA ROY A. SANGMA Vs. ISMAIL CH. MARAK

JUDGEMENT

(1.) The petitioner being aggrieved with the rejection of an application under Order 7 Rule 11 CPC, by the Courts below is before this Court by the instant Revision Application under Sec. 115 CPC read with Rule 6 of the Meghalaya High Court (Jurisdiction over District Council Courts) Order, 2014.

(2.) The case of the petitioner is that on a suit for recovery of money filed by the respondent as Plaintiff, the petitioner herein, on the ground that the said money suit was time barred, filed an application under Order 7 Rule 11, before the Court of the Assistant Judge, District Council Court, Tura. The same was rejected by order dtd. 15/5/2024, on the ground that the written statement was yet to be filed, and accordingly, while rejecting the application, the petitioner/defendant was given last chance to file a proper written statement.

(3.) Thereafter, the petitioner had preferred an appeal before the Court of the Judge, District and Sessions, District Council Court, GHADC, Tura, which also came to be rejected by order dtd. 7/8/2024, on the ground that the appeal was premature, but however, with a direction to the petitioner/appellant file a written statement before the Trial Court.