Research › Search › Judgment

Rajasthan High Court · body

2010 DIGILAW 787 (RAJ)

Karam Chand v. Ganpati Bai

2010-04-07

DALIP SINGH

body2010
JUDGMENT 1. - This revision petition, under Section 115 of the Civil Procedure Code, 1908, is directed against the order passed by the learned trial Court rejecting the application under Order 7, Rule 11 C.P.C. 2. During the course of hearing before this Court, the learned counsel for the petitioners filed an application under Order 41, Rule 27 C.P.C. and prayed that the documents mentioned therein may be taken on record in support of the application under Order 7, Rule 11 C.P.C. 3. So far as the application under Order 7, Rule 11 C.P.C. is concerned, a suit can be dismissed by the learned trial Court only if any of the ground as mentioned in Rule 11 Order 7 C.P.C. are satisfied and for this purpose all that has to be examined by the Court is the plaint and the plaintiffs' averments and not the facts in the application or any supporting material placed along with the said application under Order 7, Rule 11 C. P.C. 4. In the facts and circumstances, I find no jurisdictional error having been committed by the learned trial Court so as to call for any interference in revision petition under Section 115 C.P.C. in the facts and circumstances of this case. 5. The revision petition is accordingly dismissed. 6. The application under Order 41, Rule 27 C.P.C. also stands dismissed. 7. It will be open for the petitioners to take all these objections in any written-statements that may be filed, if not already filed.Petition dismissed. *******