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Judgment
H.S. Thangkhiew, J
This civil revision petition has been filed under Section 115 CPC read with Article 227 of the Constitution of India against the order dated 13.10.2023 passed by the learned Assistant District Judge, Shillong in Misc Case No. 58(H) of 2023 in Title Suit No.8(H) of 2023 rejecting the petitioner’s application under order VII Rule 11 of the Code of Civil Procedure, 1908.
The brief facts of the case are that pursuant to a notification dated 12.04.2003, issued by the petitioner for enhancement of monthly rent, the Respondent Association had instituted a suit for declaration and permanent injunction, which is pending disposal before the Court of the learned Assistant District Judge at Shillong. In the said suit, the petitioner herein, had filed an application under Order VII Rule 11 mentioning the non-existence of any cause of action, and also on the ground that the suit was barred by the Doctrine of Privity of Contract. This application then came to be dismissed by the impugned order dated 13.10.2023.
It has been submitted by Mr Philemon Nongbri, learned counsel for the petitioner that the learned court of the Assistant District Judge while dismissing the said application had not appreciated the matter in its correct perspective, nor rendered any substantial findings on the points raised in the said application.
On behalf of the Respondent Association, learned counsel, Mr P. Yobin has raised objections but however, has also not disputed the submissions that the order, perhaps should have been more detailed in the findings, with regard to the issues as raised.
In this view of the facts and circumstances of the case, as they stand, this court therefore, deems it fit to send back the matter for reconsideration of the application under Order VII Rule 11 to the Court of the learned Assistant District Judge, to render findings on the points raised by the parties.
Accordingly, the impugned order dated 13.10.2023 is set aside and quashed and the matter is remanded back to the Court of the learned Assistant District Judge, Shillong for expeditious disposal preferably within period of eight weeks from the date of receipt of this order.
It is further provided that the parties are at liberty to raise any other issues and to file any application for supplemental relief in connection with the suit.
Accordingly, this petition stands closed and disposed of.