KAMLA SHARMA Vs. GOPAL DATT DHOLAKHANDI

JUDGEMENT

(1.) This first appeal under Sec. 96 of C.P.C. has been filed against order dtd. 05/11/2015 passed by VIIth Additional District Judge, Gwalior in Civil Suit No. 26-A/2010 by which an application filed by respondent No. 1 under Order 7 Rule 11 CPC has been allowed and plaint filed by appellant, has been rejected.

(2.) Since, the controversy revolves in a very narrow campus, therefore, it is not necessary to dwell upon the factual matrix in detail.

(3.) It is suffice to mention here that plaintiff/appellant has filed a suit for declaration of title and permanent injunction. Written statement was filed, issues were framed, evidences were also recorded and documents were also exhibited. At that stage, respondent No. 1 filed an application under Order 7 Rule 11 CPC.