DAYAL SONS Vs. RAI SAHIB PURAN MALL TRUST

JUDGEMENT

(1.) Notice. Mr. Ashok Sood, learned Senior counsel, on instruction received from Mr. Khem Raj Sharma, Advocate, learned Assisting Counsel, has put in appearance on behalf of the respondents.

(2.) With the consent of the parties, present petition is taken up for final hearing at this stage.

(3.) Petitioner was defendant in the learned Court below. Application moved by the defendant under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint, having been rejected by learned District Judge, Shimla in Civil Suit No.9-S/1 of 2018, instant petition has been preferred under Article 227 of the Constitution of India.