KULTAR SINGH Vs. MANN SINGH

JUDGEMENT

(1.) The petitioners have invoked the jurisdiction of this Court under Article 227 of the Constitution of India, thereby, making prayer for setting aside of the order dtd. 17/8/2017 (Annexure P-1) passed by learned trial Court, whereby, an application under Order 7 Rule 11 CPC filed by the petitioners (defendants before learned trial Court) for rejecting the plaint, was dismissed and also sought setting aside of the order dtd. 31/3/2018 (Annexure P-3) passed by learned trial Court, in the same suit, whereby, another application under Order 7 Rule 11 CPC, filed at the instance of the petitioners-defendants, for rejection of plaint, being time barred, was dismissed.

(2.) In pursuance of the notice issued, respondent (plaintiff before learned trial Court) made appearance through counsel. Learned counsel for the parties heard. The parties are referred to as making appearance before learned trial Court.

(3.) The material facts, to be noticed, as culled out from the paperbook are as follows:-