KANCHANDRA MANJULA Vs. RAJESWAR SAHU

JUDGEMENT

(1.) This C.M.P. involves a challenge to the impugned order dtd. 7/1/2022 passed by the learned 2nd Addl. Senior Civil Judge, Berhampur in I.A. No.9 of 2021 vide Annexure-8.

(2.) In filing the application at Annexure-3 under the provision of Sec. 27 and Sec. 151 read with Order 32 Rule 3 further read with Sec. 15 of C.P.C. Defendant No.4 the Petitioner herein made an attempt for dismissal of the suit for not being duly and validly instituted as in the manner prescribed in law and the plaint presented plays fraud by suppressing the fact of unsoundness of the defendant no.6. This application appears to have been filed banking upon a counter affidavit of the plaintiff filed against miscellaneous application dtd. 27/8/2021 vide Annexure-6. Reading through the disclosures by the plaintiff through counter affidavit, Mr. Das, learned counsel for the Petitioner contended that once the plaintiff himself through a counter to the miscellaneous application admits, the defendant no.6 remains

(3.) Considering the submissions of Mr. Das, learned counsel for the Petitioner and for the application U/o.7 Rule 1(d) C.P.C, this Court finds, the provision at U/o.7 Rule 1(d) C.P.C. reads as follows:-