RACHITA Vs. SUSHMA AGGARWAL

JUDGEMENT

(1.) The present petition has been filed by the petitioner seeking quashing of impugned order dtd. 25/8/2023, passed by learned Senior Civil Judge, Court, No.1, Shimla, in CMA No.2427 of 2023 (Case No.900147/11), titled Sushma Aggarwal vs. Ramesh Chand Aggarwal and others, whereby an application under Order 9 Rule 7 read with Sec. 151 CPC, has been dismissed.

(2.) I see no legal infirmity in the impugned order passed by the learned trial Court.

(3.) The issue in question is squarely covered by the binding judgment delivered by this Court in CWPOA No.147 of 2021, titled Judhya Devi deceased through her Legal Representatives and others vs. Chotta Ram, decided on 16/3/2022. The relevant extract of the same is being reproduced herein below:-