KAILASH BAIRATHI Vs. PRAVEEN GUPTA

JUDGEMENT

(1.) AN application filed by the defendant No. 2 who is the petitioner in this case under Order 7 Rules 11 CPC, was dismissed by the trial court. Against the said order, the present action for filing the revision petition has been resorted.

(2.) THE defendant petitioner incorporated the English translation of the entire suit in the revision petition. The perusal of the averments made in the plaint demonstrates that nothing has been pleaded against the defendant petitioner and no cause of action arose against him.

(3.) IN the instant case, the plaintiff discloses the cause of action against other defendants who are non -petitioners No. 2, 3, 4, 5 and 6 in this revision petition. Therefore, I am of the view that suit shall proceed against the said defendants and name of the defendant petitioner may be struck off. The court below has not properly appreciated the provisions contained in Order 7 Rule 11 CPC, and as such committed jurisdictional error in passing the impugned order and if such order is allowed to stand, it would occasion to failure of justice.