RAM PAL GUPTA Vs. NARESH PAL GUPTA

JUDGEMENT

(1.) The petitioner claims that he has filed an application under Order VII Rule 11 of the Civil Procedure Code before the Trial Court, questioning the maintainability of the suit. The grievance of the petitioner is that the Court below is proceeding with the trial of the suit and has failed to decide the application filed by the petitioner.

(2.) It is stated that the suit cannot proceed further before first deciding the application so filed by the petitioner. Reliance in this regard is placed upon judgment of the Apex Court in case titled "R. K. Roja Vs U. S. Rayudu and another" reported in (2004) 3 SCC 137.

(3.) Considering the ratio of the aforementioned judgment, this petition is disposed of at this stage with a direction to the Trial Court to first decide the application under Order VII Rule 11 of the CPC filed by the petitioner. Let the needful be done preferably within a period of three weeks' from the date of receipt of this order.