LAWS(J&K)-2023-5-54

MEHVISH CHOUDHARY Vs. J & K BANK

Decided On May 22, 2023
Mehvish Choudhary Appellant
V/S
J And K Bank Respondents

JUDGEMENT

(1.) Through the medium of the instant petition, revisional jurisdiction of this Court enshrined under Sec. 115 of the Code of Civil Procedure (for short, 'CPC') is being invoked for setting aside order dtd. 29/8/2019 (for short, 'impugned order'), passed by the court of City Judge, Jammu (for short, 'the trial court') in case titled as "Mehvish Choudhary vs. J & K Bank & Anr.'.

(2.) The facts giving rise to the filing of the instant petition would reveal that the petitioner herein filed inter alia a suit for mandatory injunction against the defendants/respondents herein and during the pendency of the said suit, the defendants/respondents herein filed an application for rejection of the plaint in terms of Order 7 Rule 11 CPC and the said application came to be allowed by the trial court in terms of the impugned order, rejecting the suit of the plaintiff.

(3.) The impugned order is being challenged by the petitioner herein on the following grounds:-