ATUL KUMAR PATHAK Vs. RAMSAKHI DEVI

JUDGEMENT

(1.) The present petition has been filed by the defendants being aggrieved by the order passed by the trial Court dtd. 14/8/2023, whereby the trial Court has rejected the application under Order 7 Rule 11 filed by the present petitioners-defendants on all grounds, except on the ground of valuation and Court fees and granted liberty to the plaintiffs to correct the valuation and pay the Court fees accordingly.

(2.) The case of the petitioners is that the suit was not maintainable at all and therefore, the trial Court ought to have rejected the plaint altogether and on this ground the impugned order passed by the trial Court is put to challenge and prayer is made to reject the plaint under Order 7 Rule 11 CPC.

(3.) Learned counsel for the petitioner has submitted that the suit was not at all maintainable and it was the fit case to exercise jurisdiction vested in the Court under Order 7 Rule 11 CPC so as to save the parties from unnecessary trial of the suit.It is argued that in appropriate case the Court should exercise the jurisdiction under Order 7 Rule 11 CPC, rather than forcing the parties into unnecessary trial of a suit which clearly is barred by law.