GEETHALAKSHMI & ANR Vs. UMA BHATTACHARYYA & ANR

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India is directed against the order dated August 29, 2011 passed by the Civil Judge (Senior Division) 9th Court at Alipore in Ejectment Suit No. 401 of 2009. By the order impugned in the present application the learned Trial Judge had dismissed the petitioners application under Order 7 Rule 11(f) and Order 7 Rule 9 of the Code of Civil Procedure on contest. This order has been assailed in the present revisional application.

(2.) The case made out by the petitioners is that the opposite parties herein had filed a suit against the present petitioners in the trial court. The petitioners filed an application under Order 7 Rule 9 and Order 7 Rule 11 of the Code of Civil Procedure inter alia, praying for rejection of plaint. The petitioners had alleged that the opposite parties had failed to comply with the provisions of Order 7 Rule 9 of the Code of Civil Procedure by not filing the list of documents and also by not serving the copy of those documents upon the petitioners.

(3.) The opposite parties herein had contested the said application by filing a written objection to the said application and the present petitioners had also filed an affidavit-in-reply.