SARDARA SINGH Vs. RAKHA SINGH

JUDGEMENT

(1.) In this regular appeal notice of motion was issued by S.S. Kang, J. on March 19, 1980, which has been served on the respondents. The case has yet been listed for a preliminary hearing. However, the appeal can be dismissed in limine under Order 41, Rule 11, Civil Procedure Code, without serving a notice in the respondents. There is no other provision which authorises this Court to dismiss an appeal in limine after service on the respondents, has been effected. That apart, if a notice of motion is issued and thereafter the appeal is dismissed in limine, it would defeat the very purpose of Order 41, Rule 11, Civil Procedure Code, which authorises the Appellate Court to dismiss the appeal if it is found that no prima facie case is made out. Once the respondent is summoned, there would be no reason not to hear the appeal in a regular manner and pass a detailed judgment. This appeal, therefore, stands admitted to hearing. As regards the stay matter, both the parties claim to be in possession of the land in dispute. I therefore, have no portion but to order status quo pending disposal of this appeal.