CLASS INDIA LTD Vs. A K CHOPRA

JUDGEMENT

(1.) CHALLENGE in this revision petition is to an order, dated 17-10-2007, passed by the Additional Civil Judge (Senior Division), Faridabad dismissing the petitioners' application, filed under Order 7, rule 11, CPC on the ground that the application is not maintainable.

(2.) THE petitioners/defendants filed an application under Order 7, Rule 11 for dismissal of the suit on the plea that the suit for enforcement of a contract for personal service is not maintainable. It was also prayed that as the plaintiff had failed to affix appropriate Court-fee on the prayer for damages, the suit be dismissed. The learned trial Court dismissed the application by holding that it is not maintainable, as issues have been framed and evidence is to be led.

(3.) COUNSEL for the petitioners, places reliance upon a Judgment of the Hon'ble supreme Court in Saleem Bhai and others v. State of Maharashtra and others, (2003)1 SCC 557 : (AIR 2003 SC 759), to contend that an application, under Order 7, Rule 11 of the CPC can be filed at any stage of the suit. It is, therefore, asserted that the trial court committed a fundamental error in dismissing the application.