MANOHARI DEVI Vs. PAWAN KUMAR

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 1/7/2025 passed by the learned Civil Judge (Junior Division), Sirsa, whereby the learned trial Court directed the SDO (Civil), Sirsa to decide the application dtd. 30/11/2018 pending before the said authority relating to allotment proceedings, as expeditiously as possible.

(2.) It is the case of the petitioners that in a civil suit filed by respondent Nos. 1 to 3, the petitioners, who are arrayed as defendant Nos. 7 and 9, had moved an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') for rejection of the plaint. However, instead of deciding that application on merits, the learned trial Court issued directions to the SDO (Civil), Sirsa, to decide the said application pending before him, which according to the petitioners, is without jurisdiction, as the Civil Court cannot issue such directions to an independent administrative or quasi-judicial authority.

(3.) Learned counsel for the petitioners, therefore, prays that the impugned order dtd. 1/7/2025 be set aside to the extent it directs the SDO (Civil), Sirsa to decide any application pending before him, and further that the trial Court be directed to decide the petitioners' application under Order VII Rule 11 CPC in accordance with law.