SAT PAL Vs. BABA DHARAM SHAH

JUDGEMENT

(1.) This petition has been filed against impugned common order dated 31.8.2018 (Annexure P-8) passed by learned Senior Civil Judge in civil suit No. 12 of 2014, titled Baba Dharam Dass vs. Sat Pal allowing CMA No. 1478 of 2018 filed under Order 6 Rule 17 CPC by the respondent/plaintiff and dismissing CMA No. 1479 of 2018 filed under Order 7 Rule 11 (A) CPC by the petitioner/defendant.

(2.) I have heard learned counsel for the parties and have gone through the documents placed on record. At the request of learned counsel for parties, record of CWP No. 3572 of 2014 titled Sat Pal Saini vs. State of H.P. has also been requisitioned, perused and taken into consideration.

(3.) At the very outset learned counsel for the petitioner submits that he has instructions not to press this petition against dismissal of application filed by the petitioner/defendant under Order 7 Rule 11(A) CPC, but to agitate only against allowing the application filed by respondent/plaintiff under Order 6 Rule 17 CPC.