GANESH SEN Vs. FATEHPURIYA SAMAJ

JUDGEMENT

(1.) This Civil Revision has been filed under Sec. 115 of the Code of Civil Procedure Code being aggrieved by the order dtd. 7/1/2026 (Annexure P/4) whereby the application under Order 7 Rule 11 of CPC filed on behalf of the applicant/defendant has been dismissed.

(2.) As apparent from the plaint (Annexure P/1), case of the plaintiff/respondent herein is that respondent is owner/landlord of the premise which has been taken on rent by the petitioner/defendant and the suit has been filed for eviction and for recovery of arrears of rent.

(3.) Learned counsel submits that this respondent is neither living person nor juristic person, therefore, he cannot maintain the suit in the form it has been presented and the suit should have been filed with the leave of the Court under Order 1 Rule 8 of CPC. Learned Court below has not taken into account these submissions raised on behalf of the petitioner/defendant and rejected the application by impugned order which is bad in law, therefore, prays for allowing this petition by setting aside the impugned order and also dismissing the suit filed on behalf of the respondent/plaintiff. To buttress his submissions, he has placed reliance on order passed by this Court in Suresh vs. Shri Fatepuriya Samaj (Civil Revision No. 141/2014, decided on 1/11/2022).