DUK NATH NEPAL Vs. CHANDRA SHEKHAR NEPAL

JUDGEMENT

(1.) The present appeal assails the impugned order dtd. 28/8/2019 passed by the learned District Judge, Special Division-I, East Sikkim at Gangtok in Title Suit No. 15 of 2018 allowing an application (the application ) under order VII Rule 11 read with sec. 151 of the Code of Civil Procedure Code, 1908 (CPC) rejecting the plaint.

(2.) The appellant had filed a suit under sec. 9 and 16(e) read with sec. 151 CPC seeking the following reliefs:-

(3.) The appellant had stated in the plaint that in the end of year 2011, the respondent no.1 - a local contractor, blocked the generation old irrigation canal stating that the respondent no.3 had sanctioned an irrigation canal. The appellant further pleaded that since 2011 till the filing of the suit there was no such construction due to which the appellant's paddy field turned into uncultivable land making the appellants suffer a loss of Rs.1.5 lakhs a year.