MST FAZI Vs. GHULAM MOHAMMAD KUMAR

JUDGEMENT

(1.) Vide order impugned dated 23.12.2017, learned trial court (Munsiff, Chadoora) has dismissed the application filed by the petitioner (defendant No 06) under Order VII Rule 11 CPC for rejection of the plaint.

(2.) This case has a chequered history both on fact and law, followed by a series of petitions/suits/appeals. The matter has been complicated beyond proportions giving rise to endless litigative process, in the process cause of justice has suffered. In the same background revisional powers of this Court under Section 115 of the Code of Civil Procedure have been invoked.

(3.) Revisional powers for avoiding protraction in the trial of the suit and other proceeding have been curtailed in view of the proviso to Section 115 CPC. In the same background, learned counsel for the respondent (plaintiff) questioned the maintainability of the revision petition by stating that by the order impugned the suit proceedings have not been terminated.