RAJENDRA SINGH Vs. NIRMALA DEVI

JUDGEMENT

(1.) BY the impugned order dt.19.1.2012 passed by the learned Additional Dist. Judge, Sri Karanpuar in Civil Original Suit No. 26/2010 whereby the learned Trial court has rejected the application filed by the petitioner defendant under Order 7 Rule 11 C.P.C. The learned counsel for the defendant - petitioner submitted that since the plaint itself was filed on the premise that the defendant was not a tenant, but an encroachee over the suit premises, therefore, the suit could have been filed only for possession with the appropriate court fee and not eviction suit and, therefore, the learned trial Court has erred in rejecting the application under Order 7 Rule 11 C.P.C.

(2.) THE learned Court below in the impugned order has given reason that since written statement has been filed and issue with regard to nature of suit as eviction suit and court fee has been framed and would be decided after evidence are led by the parties.