(1.) The present regular second appeal has been maintained by appellant, who was the plaintiff before the learned Trial Court (hereinafter referred to as 'the plaintiff') under Sec. 100 CPC against the judgment passed by the learned District Judge, Mandi, District Mandi, H.P., in Civil Appeal No. 18/2023, dtd. 18/5/2023, whereby the appeal filed by the plaintiff was dismissed and order dtd. 6/3/2023, passed by the learned Civil Judge, Court No. 2, Mandi, District Mandi, H.P., was upheld, whereby application under Order 7, Rule 11 of CPC filed by the defendants (respondents herein) was allowed, with a prayer to accept the appeal and set aside the impugned judgment with costs throughout and to decide the suit filed by the plaintiff on merits.
(2.) The key facts of the case can tersely be summarized as under:
(3.) After hearing the learned counsel for the applicants/defendants and non-applicant/plaintiff, the learned Trial Court allowed the application and rejected the plaint of the plaintiff.