AIKON SAIKIA Vs. MANORANJAN SAIKIA

JUDGEMENT

(1.) Heard Mr. K. K. Mahanta, the learned Senior counsel assisted by Mr. B. D. Deka, the learned counsel appearing on behalf of the Petitioners. I have also heard Mr. S. Afridi, the learned counsel appearing on behalf of the Respondents.

(2.) This is an application under Article 227 of the Constitution challenging the order dtd. 30/10/2023 passed by the learned Court of the Civil Judge No.2, Kamrup (M) at Guwahati in Petition No.3557/2023 arising out of Title Suit No. 432/2023 whereby the application seeking rejection of the plaint under Order VII Rule 11(d) of the Code of Civil Procedure, 1908, (for short 'the Code') was rejected.

(3.) At the outset, this Court finds it relevant to observe that when an application seeking rejection of a plaint filed under Order VII Rule 11(d) of the Code is rejected, the Code provides a remedy in terms with S. 115 of the Code and accordingly, the exercise of the jurisdiction of this Court under Article 227 of the Constitution is not called for.