SHYAM LAL @ SHANKER LAL Vs. LILA DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Having heard learned counsel for the parties, I am satisfied that this order of the learned trial Court is wholly perverse and it cannot be allowed to stand.

(3.) It is really shocking and surprising that the Judicial Officer of the rank of Additional District Judge has decided the application filed by the defendant- petitioner under Order 7, Rule 11 CPC in a cursory and casual manner. In fact the ground given for rejection of this application is nonest. The dismissal of the suit has been prayed for on the ground that it has been filed with deficit Court fees. The learned trial Court has not decided the application on merits, but has taken short cut, which is wholly undesirable and unaccepted on the side of the judicial officer of the rank of the District Judge to dismiss this application on the ground that these objections are to be taken in the written statement and after framing issue same shall be decided. In this way, the application filed by the defendant-petitioner under Order 7, Rule 11 CPC is to be decided by the trial Court then this provision shall become redundant and nugatory. It is a different matter where on merits this application is accepted or not, but it could not have been disposed of in such a cursory and casual manner.