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2014 DIGILAW 1270 (ALL)

Aas Mohd. @ Aasu v. Surendra Singh @ Sundar

2014-04-21

PANKAJ MITHAL

body2014
JUDGMENT Heard learned counsel for the petitioner. 2. Petitioner has preferred this petition for a direction to the court concerned to decide his application paper no. 41 Ga dated 9.1.2014 filed in Original Suit No. 1156 of 2013 (Surendra Singh @ Sundar and others Vs. Aas Mohd. @ Aasu and others) pending in the court of Civil Judge (Senior Division) Gautam Budh Nagar within a time bound period. 3. The aforesaid application has been annexed as annexure 1. 4. A bare perusal of the aforesaid application reveals that the petitioner therein contends that the suit as filed by the respondents is not maintainable. In case the petitioner alleges that the suit is not maintainable then the Court seized with the matter has to frame an issue in this regard and then to decide the same on the basis of the evidence, if necessary, to be produced by the parties. The said application is also not to be decided at this stage and the petitioner has to wait for framing of the issues or preliminary issue in this regard. 5. Petitioner has not applied under Section 7 Rule 11 CPC for rejection of the plaint. 6. In view of the above, the exercise of writ jurisdiction so as to issue any direction for disposal of the above application within a time bound period is not warranted. The petition is dismissed.