JAGAT PAL Vs. MAHAVEER

JUDGEMENT

(1.) The present revision petition is directed against the order dtd. 11/2/2019, passed by the Presiding Officer, Gram Nayalaya, Hanumangarh (hereinafter referred to as 'the learned trial Court or 'the learned Court below) in Civil Case No.20/2018, vide which, the petitioner's application dtd. 17/1/2019, under Order VII Rule 11 of the Code of Civil Procedure has been rejected.

(2.) The brief facts of the case are that the applicants Mahaveer and Bal Ram (respondents No.1 and 2 herein) filed a suit for mandatory injunction before the learned Court below, inter alia, seeking injunction that the defendants be restrained from constructing 'Pukka Khala' over the land mentioned in the application. The petitioner herein, who was subsequently impleaded as defendant moved an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 and requested to return the plaint as according to him, the suit was not maintainable, particularly because the Khala in question was not being constructed on the land/area alleged by the plaintiffs.

(3.) The learned Court below rejected the petitioner's said application dtd. 17/1/2019 filed under Order VII Rule 11 of the Code of Civil Procedure, inter alia, observing that the issue in this regard has already been framed and the contentions raised by the applicant can only be considered after recording of the evidence.