LAL YASHWARDHAN NATH SHAHDEO ALIAS LAL KARAN NATH SHAHDEO (MINOR) S/O LATE DILIP NATH SHAHDEO THROUGH HIS NEXT FRIEND SUMIT SINGH MOYAL S/O VIJAY SINGH JI MOYAL Vs. RUPA SHAHDEO W/O LATE DILIP NATH SHAHDEO

JUDGEMENT

(1.) The legality of the order dated 20.03.2013 passed by Civil Judge (Senior Division) Ist, Ranchi in Title Suit No.451 of 2012 has been questioned by the plaintiffpetitioner in this writ application.

(2.) The plaintiffpetitioner filed the Title Suit No.451 of 2012 with adequate courtfees and second copy of the plaint. Whereafter several opportunities were granted to the petitioner to file original documents to establish the basis of the suit, but as the same was not filed, by order impugned, the plaint was rejected under Order VII Rule 11 of the Code of Civil Procedure (in short "the Code").

(3.) The learned counsel for the petitioner assailing the order as bad in law submits that the court below erred in rejecting the plaint under Order VII Rule 11 of the Code merely on the ground that original documents were not filed even after providing opportunities. It is further submitted that after the institution of the suit, the trial court cannot dismiss the suit at the initial stage itself on the ground that original documents were not filed.