MEHTABI Vs. GHULAM MOHAMMAD SHEIKH

JUDGEMENT

(1.) A suit for permanent prohibitory injunction has been filed by respondent no.l before the court of Special Mobile Magistrate (Sub Judge) Baramulla (for short "Trial Court"). Petitioner appeared before Trial Court and filed an application under Order VII Rule 11 of the Code of Civil Procedure to dismiss above suit of respondent no.l. Trial Court vide order dtd. 9/5/2018, dismissed application of petitioner. It is this order of which petitioner is aggrieved and seeks setting-aside thereof on the grounds mentioned in Civil Revision on hand.

(2.) I have heard learned counsel for parties and considered the matter.

(3.) Mr. N. H. Shah, learned appearing counsel for petitioner, has stated that Trial Court has erred in passing impugned order as it has been said by the Trial Court in impugned order that subsequent event cannot be taken into consideration for dismissing a suit under provisions of Order VII Rule 11 CPC. According to him whenever there is any subsequent event after institution of a civil suit, it becomes infructuous and is to be rejected, but this aspect of the matter has not been taken note of by Trial Court.