PRADEEP YADAV Vs. MOHAMMAD ANWAR

JUDGEMENT

(1.) Heard on the question of admission and I.A. No. 11090/2013 an application for grant of stay. Issue notice on merits as well as I.A. No. 11090/2013 to the respondent on payment of Process Fee within seven days by ordinary manner as well as by registered A.D. both.

(2.) The notices be made returnable within six weeks.

(3.) It is contended by learned counsel for the applicant that when earlier the suit was filed by the respondent, the plaint was returned under Order 7 Rule 10 of the Code of Civil Procedure (hereinafter referred to as CPC for brevity) for representation of the same after challenging the sale deed. Instead of doing so, again the very same relief is claimed by way of filing the fresh suit. That being so, when an application under Order 7 Rule 11 of CPC was made, the Court was required to look into those facts and to pass an order under the provisions of Order 7 Rule 10 of CPC as has been held by the Apex Court in the case of Church of Christ Cheritable Trust and Educational Cheritable Society Vs. Ponniamman Educational Trust, 2012 8 SCC 706].