UNITED BUILDERS Vs. DIAMOND PLAZA PVT LTD

JUDGEMENT

(1.) Heard Sri B.Baug, learned counsel for the petitioner and Sri S.K. Dash, learned counsel for the O.P.

(2.) The dispute involves non-consideration of an application under Order 7 Rule 11 of C.P.C. and deferment of said application on the premises of consideration of such application after determination of the preliminary issue under Order 14 Rule 1 is made.

(3.) Sri B. Baug, learned counsel for the petitioner, submitted that since the parameters of Order 7 Rule 11 of C.P.C. is to take a decision only looking to the plaint averments and the application made under Order 7 Rule 11 of C.P.C., there was no scope for the trial court to defer the hearing of the application under Order 7 Rule 11 of C.P.C. till the determination of the preliminary issue. It is under the circumstance, Sri Baug, learned counsel, submitted that the impugned order should be interfered with and set aside by giving suitable direction to the trial court.