LALA RAM Vs. VITTHAL PUSTKALYA

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has beseeched to quash and set-aside the order dated 23rd February, 2010, whereby the learned Civil Judge (Junior Division), Kekri, dismissed the applications filed by the defendant-petitioner under Order 31 readwith Order 7 Rule 11 (d) CPC; and Section 10, 11, 12 readwith Order 2 Rule 1 and 2, Order 9 CPC.

(2.) HAVING heard the learned counsel for the petitioner it is noticed that the learned trial court while dismissing the application under Order 33 readwith Order 7 Rule 11(d) CPC observed that the objection, which was raised by the defendant-petitioner, could be adjudicated after framing the issue at the time of final disposal of the suit.

(3.) THE crux of aforesaid judgments is that the disputed questions cannot be decided at the time of considering an application filed under Order VII Rule 11 of CPC. Clause (d) of Rule 11 of Order VII applies in those cases only where the statement made by the plaintiff in the plaint, without any doubt or dispute, shows that the suit is barred by any law in force. THE learned trial court is found to have un-erringly dismissed the applications filed under Order 7 Rule 11 (d) of CPC as well as Sections 10, 11, 12 readiwth Order 2 Rule 1 and 2 Order 9 CPC.