UPENDER SINGH Vs. PAWAN KUMAR

JUDGEMENT

(1.) PLAINTIFF Upender Singh has filed this revision petition under Article 227 of the Constitution of India assailing judgment dated 19.08.2011 (Annexure P-4) passed by learned Additional District Judge, Jhajjar.

(2.) IN view of limited question raised by counsel for the petitioner, I need not go into merits of the case. Suffice it to notice that plaintiff-petitioner has filed suit against respondents/defendants vide plaint (Annexure P-1). Defendant No.1 moved application (Annexure P-2) under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure for rejection of the plaint. Learned trial Court vide order dated 15.06.2010 (Annexure P-3) dismissed the aforesaid application. Defendant No.1 filed appeal against the said order of the trial Court. Learned Additional District Judge, Jhajjar vide impugned judgment (Annexure P-4) allowed the said appeal and consequently allowed application (Annexure P-2) moved by defendant No.1 and directed the trial Court to return the plaint. Feeling aggrieved, plaintiff has filed this revision petition assailing judgment (Annexure P-4) passed by the Appellate Court.

(3.) COUNSEL for the petitioner vehemently contended that order (Annexure P-3) passed by the trial Court is not appealable and, therefore, impugned judgment of the Appellate Court is nonest. There is considerable merit in the contention. COUNSEL for respondent No.1 could not point out any provision of law under which order (Annexure P-3) passed by the trial Court is appealable.