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2014 DIGILAW 3683 (ALL)

Reshampal Singh v. Sri Prem Pal Singh

2014-12-09

RAN VIJAI SINGH

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JUDGMENT Ran Vijai Singh, J. Heard learned counsel for the petitioner. 2. Through this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the order dated 30.10.2014 passed by the court below on an application filed by the petitioners under Order 7, Rule 11 of the Code of Civil Procedure, 1908 (in short, 'CPC') in Original Suit No. 854 of 2009 (Prem Pal Singh Vs. Reshampal Singh), by which the application of the petitioners has been rejected. 3. The facts giving rise to this case are that the respondent herein filed Original Suit No. 854 of 2009 (Prem Pal Singh Vs. Reshampal Singh) before the Civil Judge (Senior Divison), Aligarh for injunction restraining the defendants petitioners, their employees, agents and relatives from interfering in the peaceful possession of the plaintiff-respondent and not to take forcible possession and transfer the same. In the aforesaid suit, notice was issued, but before filing of the written statement, the petitioners herein have filed an application under Order 7, Rule 11 of the CPC for rejecting the plaint as it did not disclose the cause of action and being barred by law as with respect to land in dispute, Original Suit No. 854 of 2009 (Prem Pal Singh Vs. Reshampal Singh) has already been filed seeking declaration before the Sub Divisional Officer. It has also been stated that a suit under the U.P. Tenancy Act has also been filed. 4. The learned court below has rejected the petitioners' application taking note of the fact that the provisions of section 230 of Chapter XV of U.P. Tenancy Act are not attracted in this case and further the Civil Court has jurisdiction to proceed with the matter. I do not find any error in the impugned order. 5. Otherwise also, the petitioners have filed their written statement on 10.11.2014. It will be open for the petitioners to raise this point at the time of framing of the issues and in case it is raised, that may be taken into consideration without being influenced by the earlier order as well as the order passed in this writ petition. 6. With the aforesaid observation, the writ petition is disposed of.