High Courts(2008) 12 AHC CK 0149

Sri Kamta Prasad Agarwal and Others vs Thakur Shyam Suder Ji Devta Through C.M.Shukla and Others

Allahabad High Court · Decided on 19 December 2008

HON’BLE JUDGES
Tarun Agarwala, J
RESULT
Allowed

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Judgment

8 paragraphs · 201 words

Tarun Agarwala, J.

Counter affidavits in the three connected revisions filed today and the rejoinder affidavits in the two connected revisions filed today are taken on record.

The learned counsel for the caveator in the present revision is allowed three weeks'' time to file counter affidavit. Rejoinder affidavit may be filed within a week thereafter.

Admit.

Since the parties are represented, no further notice is required to be issued.

The present application is against the order rejecting the application of the defendant under Order 7 Rule 11 of the C.P.C. Apart from the various grounds raised, one of the ground is, that no cause of action is disclosed in the plaint and that the suit is barred by limitation. A perusal of the impugned order indicates, primafacie, that the court below has not dwell on this matter and has cursorily passed the order. Consequently, this matter requires hearing.

In view of the aforesaid, the civil revisions are being formally admitted and would be listed for hearing after the expiry of four weeks. List for hearing before the appropriate court on 20.1.2009.

In view of the aforesaid, further proceedings in Suit No.255 of 2007 and suit No.723 of 2007 shall remain stayed.