Puniya Bai Sahu vs Ganesh Ram Sahu

Amitendra Kishore Prasad, J

Heard on IA No. 02/2025, which is an application for exemption from filing typed copy of faint and not readable documents.

On due consideration and for the reasons specified therein, this Court is inclined to allow the same. Accordingly, IA No.02/2025 is hereby allowed.

With the consent of the parties, the matter is heard finally.

The present civil revision has been filed by the applicant under Section 115 of Civil Procedure Code challenging the legality, propriety and correctness of the impugned order dated 09.07.2025, passed by learned Fourth Civil District Judge, Senior Class District-Bilaspur, Chhattisgarh in Civil Suit No. (A)/198/2024.

Facts of the case for relevant disposal of this civil revision is as such that respondent/plaintiff had filed a civil suit no. (A)/198/2024 before learned Fourth Civil District Judge, Senior Class District Bilaspur, C.G. for contract of specific performance of contract and to receive the amount of agreement amount of Rs. 3,00,000/-against the applicant . On the other hand, applicant had filed application under Order 7 Rule 11 of C.P.C. stating therein that the land bearing Khasra No. 297/1/119 bearing area 14x6=84 sq. meter which was alloted to the applicant/defendant by certificate dated 13.07.2018 issued by learned Naib Tahsildar, Bilaspur and the applicant/defendant has obtained such land as Bhumi Swami by certificate of Bhumi Swami Adhikar and pleaded therein that the State Govt. is an important and necessary party in the said civil suit as per Chhattisgarh Land Revenue Code , however, the said application was dismissed.

Learned counsel for the applicant most humbly submits that the impugned order dated 09.07.2025 is bad in law, as the learned trial Court has not adopted liberal view while passing the order. He further submits that learned Naib Tahsildar, Bilsapur has issued certificate dated 13.07.2018 for allotment of the Govt. land to the applicant and hence the State Govt. is necessary party in the said Civil Suit as per Chhattisgarh Land Revenue Code but the respondent/plaintiff has not followed such provisions and has committed grave mistake and accordingly, the said civil suit is not maintainable.

Learned counsel for the applicant lastly submits that plaintiff/respondent has not properly filed the civil suit by arraying State Govt. as party defendant as per Civil Procedure Code which is not sustainable in the eyes of law and hence the application under Order 07 Rule 11 is necessary to be considered for proper adjudication of the civil suit, but the learned trial Court has not considered the said application and passed the impugned order, which is liable to be set-aside.

On the other hand, learned counsel for the respondent opposes the submission made by learned counsel for the applicant and submits that there is no need of interference in the impugned order dated 09.07.2025.

I have heard learned counsel for the respective parties with rapt attention and perused the record available.

Considering the overall aspects of the case, submission made by learned counsel for the respective parties, this Court is of the considered view that there is no ground available to entertain application under Order 07 Rule 11 of CPC. The ground which are being raised by defendant are to be adjudicated in the trial and not in an application filed under Order 7 Rule 11 application of CPC. An appropriate issue in respect of effect of non- impleading of necessary party will be framed and the same will be decided during the course of trial. The objection raised by the defendant cannot be entertained on the basis of application/objection raised under Order 07 Rule 11 of CPC.

With  the  aforesaid  observation,  the  present  civil  revision  is accordingly dismissed.