DESH RAM Vs. OM PRAKASH & ANR.

JUDGEMENT

(1.) Instant Civil Revision Petition has been filed under Sec. 115 of Code of Civil Procedure challenging the order dated 03.10.2011 passed by Additional District Judge, Khetri in Civil Suit No. 37/2009 whereby, the learned trial Court dismissed the application filed by the petitioner under Order 7, Rule 11 CPC.

(2.) The brief facts giving rise to the revision petition are that respondent No. 1-plaintiff filed a suit for recovery against the petitioner and respondent No. 2 on the basis of a document dated 23.11.2006. An application under Order 7, Rule 11 Code of Civil Procedure was filed by the petitioner alleging therein that no facts much less material facts have been pleaded against him and no cause or action has been disclosed against petitioner. Hence, plaint against the petitioner is liable to be rejected. The said application was dismissed by the learned trial Court hence, this revision.

(3.) I have heard learned counsel for the parties.