DALIP SINGH Vs. LAL SINGH AND OTHERS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India takes exception to the order passed by learned trial Court whereby the application filed by the petitioner for rejection of the plaint came to be dismissed.

(2.) The petitioner is the defendant No.1, who had moved an application under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure for rejection of the plaint on the ground that the subject matter of the civil suit as also the appeal/revision pending before the Divisional Commissioner, Mandi was same and, therefore, the plaint ought to be rejected.

(3.) It is not in dispute that in the civil suit so filed by the respondents/plaintiffs the main prayer therein was that the orders passed by the revenue authorities, from time to time, be quashed and set-aside. It is also not in dispute that the subject matter of the suit as also the proceedings initiated before the revenue authorities at the time of filing of the suit was the same. Now, therefore, the moot question that arises for consideration is as to whether the two parallel proceedings before two different forums could be initiated by the respondents/plaintiffs.