NARENDRA KUMAR AGRAWAL Vs. SANTOSH KUMAR BEDRIYA

JUDGEMENT

(1.) Upon perusal of the order impugned dt.5.4.2019 passed in Civil Suit No.5A/2019, this Court is of the view that the Trial Court has applied correct principles of law while dealing with the application filed under Order 7 Rule 11 CPC seeking dismissal of the suit.

(2.) Learned Counsel tried to assail the impugned order contending that the petitioner is not the owner of the suit property and in terms of Section 17 of the Specific Relief Act, the agreement is not executable.

(3.) Upon perusal of the order impugned and consideration of the submissions advanced, this Court is of the view that questions so raised in the application under Order 7 Rule 11 CPC in fact and in effect are mixed questions of law and fact. Hence, the Trial Court is found to have applied correct principle of law while rejecting the application under Order 7 Rule 11 CPC seeking dismissal of the suit at the initial stage. Consequently, no interference is warranted under Article 227 of the Constitution of India. However, before parting with the case, it is considered apposite to observe that the questions on facts and in law if raised in written statement touching the merits of the claim, the Trial Court shall be well advised to frame issues and answer the same on merits, in accordance with law. With the aforesaid directions, Miscellaneous Petition stands disposed of.