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2015 DIGILAW 3368 (ALL)

Chandmukhi v. Rajdeo Singh Yadav

2015-10-28

SUNEET KUMAR

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JUDGMENT Suneet Kumar, J. The plaintiff/applicants have approached this Court assailing the order dated 8 October 2015 passed by the District Judge, Ghazipur in Civil Revision No. 135 of 2015 (Rajdeo Singh and others Versus Smt. Chandmukhi and others), whereby, the revisional court has set aside the order dated 25 March 2015 passed by the trial court rejecting the application of the respondents/defendants under Order 7 Rule 11 C.P.C. thereby remanding the matter for fresh decision. 2. Learned counsel for the applicant would confine his prayer to the extent the impugned order directs the trial court to decide the application (15-Ga) afresh as per the observations and inferences made in the impugned order. 3. Having due regard to the facts and circumstances of the case, I am not inclined to interfere with the impugned order to the extent it remands the matter for decision afresh, however, it is provided that the trial court shall decide the application without being influenced by observations made by the revisional court in the impugned order pertaining to fact and law. Subject to the above, the petition is disposed of.