ADARSH NATAYA SANSATHA Vs. ASHOK MEHTA

JUDGEMENT

(1.) The petitioner-defendant No.3, in the present revision petition filed under Article 227 of the Constitution of India seeks setting aside of the order dated 16.10.2020 (Annexure P-4) passed by the learned Additional Civil Judge (Senior Division), Meham, whereby the application filed under Order 7 Rule 11 CPC has been dismissed.

(2.) The reasons given in the impugned order are well justified as such, as the Trial Court has come to the rightful conclusion while dealing with an application under the said provisions that only the plaint has to be taken into consideration by the Court. The whole of it should be read in a meaningful way and alongwith the documents filed with the plaint to be looked into. The challenge being to the assessment entry under the Haryana Municipal Act, 1973 (for short '1973 Act') was one of the challenges raised, apart from the conveyance deed, which had been given by the defendant No.3 in favour of defendant No.1 and whether it was to be declared null and void. Similarly the date of the knowledge of the disputed entry and the conveyance deed had not been pleaded and, therefore, it was a matter of evidence whether the suit was within limitation. Thus it was held that the plaint could not be partly rejected, but only as a whole and the reliefs could not be separated and the application was not liable to be allowed.

(3.) Senior counsel for the petitioner has vehemently submitted that the possession of the property had been handed over to the Municipal Committee, Meham for the purpose of construction of the Atal Samudayik Kendra and the defendant No.1 was in possession of the suit property. The plaintiffs and defendant No.2 & 4 had no concern with the same and the same was for the public purpose at large. Once assessment had been made in the register, the challenge to the same was barred under the provisions of the 1973 Act, in view of Clause (d) of Order 7 Rule 11 CPC. Reliance was placed upon Section 101 and 156 of the 1973 Act, which read as under:-