High CourtsSingle Bench(2008) 08 RAJ CK 0008

Sajid Mistri and Others vs Smt. Maheshwari and Others

Rajasthan High Court · Decided on 20 August 2008

HON’BLE JUDGES
Narendra Kumar Jain, J
RESULT
Dismissed
CASE NUMBER
Civil Revision Petition No. 180 of 2007

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Judgment

4 paragraphs · 191 words

Narendra Kumar Jain, J.—Admit. Mr.Anoop Dhand and Mr.Amit Singh Shekhawat appear for the respondents.

2.

Heard Learned Counsel for the parties.

3.

The defendants-petitioners have preferred this revision petition challenging the impugned order dated 27th July, 2007 passed by the trial court rejecting their application under Order 7 Rule 11 CPC. Both the parties have argued their case at length and after considering their submissions in the light of reasons assigned by the trial court and also the copy of the plaint which was referred during the course of arguments including para 9 relating to cause of action and prayer made in the plaint. I do not find any justified and reasonable ground to interfere in the order passed by the trial court. The objection taken by the defendant-petitioners will be considered by the trial court after framing an issue and at the relevant time. If defendants-petitioners file and application for framing preliminary issue and decide the same, then the same will be considered and decided in accordance with law.

4.

There is no merit in this revision petition and the same is, accordingly, dismissed with no order as to costs.