SHEKHAR VERMA Vs. RAJ GUPTA AND OTHERS

JUDGEMENT

(1.) Present revision petition has been preferred by the petitioner against the order dated 19.05.2017 passed by Civil Judge (Junior Division), Patiala, whereby the application filed by the petitioner under Order 7 Rule 11 CPC for rejection of plaint was dismissed.

(2.) Perusal of the record would show that earlier a suit for mandatory injunction was filed by the plaintiffs. Trial Court decreed the suit vide judgment and decree dated 16.07.2018, however, the Lower Appellate Court vide judgment and decree dated 04.04.2011 remanded the case to the trial Court for fresh decision. Thereafter, the plaintiffs did not appear before the trial Court and the suit was dismissed under Order 9 Rule 8 CPC.

(3.) The second suit was filed on the basis of alleged change of cause of action on 18.03.2015. In the second suit, defendant/petitioner filed an application under Order 7 Rule 11 CPC for rejection of plaint.