RAJINDER SINGH Vs. KARAN SINGH

JUDGEMENT

(1.) This revision petition is filed by the petitioner under Article 227 of the Constitution of India, invoking the supervisory jurisdiction of this Hon'ble Court, to assail the order dtd. 17/9/2024 (Annexure P-5). By the said order, the learned Court below has dismissed the petitioner's application preferred under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking rejection of the plaint on grounds of maintainability. It is respectfully submitted that the impugned order suffers from patent illegality, material irregularity, and a failure to exercise jurisdiction vested in the Court, thereby warranting interference by this Court in the exercise of its supervisory powers to secure the ends of justice.

(2.) The petitioner challenges the impugned order on the grounds that it is legally unsustainable, suffers from material irregularity and jurisdictional error, and has resulted in a manifest miscarriage of justice. The application filed by the petitioner, containing the principal and substantive averments set forth in Paragraphs 2 to 6, is reproduced here-in-below for the kind perusal of this Court:-

(3.) A perusal of the application filed by the petitioner reveals that it is neither comprehensive nor detailed; rather, it is cryptic and lacking in material particulars. Upon examination of the impugned order, it is evident that the learned Civil Judge has meticulously considered and addressed each of the objections raised by the petitioner, particularly the plea that the suit was barred by the principles of res judicata.