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(2024) Law Today Live Doc. Id. 19579 = 2025(1) L.A.R. 21
Decided on: 04.10.2024
Present:
Mr. Som Nath Saini, Advocate for the petitioner.
Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Rejection of plaint – Application pending since 2019 in civil suit of 2018 -- Though the reply to the application was filed by the plaintiff on 25.03.2019 but the said application has not been disposed of in the last more than 05 years -- Trial Court directed to dispose of the pending application under Order VII Rule 11 CPC within next two months positively.
(Para 1-3)
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DEEPAK GUPTA, J. (ORAL) –
1. Simple prayer made by the petitioner in the present revision petition is to direct the trial Court of ld. Additional Civil Judge (Senior Division), Panipat to decide its application under Order VII Rule 11 CPC for rejection of the plaint which is pending since 2019 in civil suit bearing No.CS-681-2018 titled “Surender and Others v. State of Haryana and Others”.
2. Learned counsel contends that title suit was filed wayback in 2018, wherein the petitioner- defendant Gram Panchayat Assan Kalan had moved an application under Order VII Rule 11 CPC for rejection of the plaint (Annexure P-3) on 20.03.2019. Though the reply to the application was filed by the plaintiff on 25.03.2019 but the said application has not been disposed of in the last more than 05 years.
3. Without issuing any notice of the petition to the other party, lest it may delay the proceedings, the concerned trial Court is hereby directed to dispose of the pending application under Order VII Rule 11 CPC within next two months positively from the date of receipt of the order.
4. Disposed of.
5. Since this order has been passed without issuing any notice to the respondents, they will be at liberty to approach this Court, in case they feels aggrieved by the order.
Order accordingly.
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