MILAP CHAND Vs. MANAK RAM

JUDGEMENT

(1.) THIS revision petition is directed against the order dt. 08.02.2010 passed by the trial Court, whereby, the application filed by the petitioner under Order VII, Rule 11 CPC has been rejected. At the outset learned counsel for the petitioner submitted that the trial Court has not dealt with any of the issues raised by the petitioner and by cursorily by observing that the issue raised is mixed question of law and fact, which can be decided only after taking evidence, has rejected the application.

(2.) AFTER having gone through the order impugned passed by the trial Court, it is apparent that without dealing with any of the contentions, the trial Court has rejected the application in a wholly cursory manner by merely observing that the issue raised was mixed question of law and fact and has failed to record any reasons in support of its said conclusion.