MUNNI DEVI Vs. RAMSAHAI

JUDGEMENT

(1.) This civil revision petition is directed against the order dtd. 15/11/2022 passed by the learned Additional District Judge No.3, Jaipur District, Jaipur (for brevity, "the learned trial Court") in Civil Suit No.169/2013 (277/2008) whereby, an application filed by the petitioners/defendants no.1 to 5 (for brevity, "the petitioners") under Order 7 Rule 11 read with Sec. 151 CPC has been dismissed.

(2.) The relevant facts in brief are that the respondent no.1/plaintiff (for brevity, "the plaintiff") filed a suit for declaration and injunction against the petitioners and the respondents no.2 to 8. An application filed by the petitioners therein under Order 7 Rule 11 read with Sec. 151 CPC for rejection of the plaint has been dismissed by the learned trial Court vide its order dtd. 15/11/2022.

(3.) Learned counsel for the petitioners submits that the learned trial Court erred in rejecting their application on the premise that their earlier similar application dtd. 16/4/2021 came to be dismissed vide order dtd. 19/8/2021. Inviting attention of this Court towards the order dtd. 19/8/2021 dismissing the earlier application filed by them, learned counsel submits that therein, the learned trial Court did not appreciate the objection raised by them as to maintainability of the civil suit and hence, the second application was maintainable. She, in support of her submission, relies upon a judgement of Hon'ble Supreme Court of India in case of UP State Road Transport Corporation Vs. State of UP & Another: (2005) 1 SCC 444. She, therefore, prays that the civil revision petition be allowed, the order dtd. 15/11/2022 be quashed and set aside and the application filed by the petitioners under Order 7 Rule 11 read with Sec. 151 CPC be allowed.