Full Judgment
[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. CIVIL WRIT PETITION NO.10263/2013 Rami Versus Shyo Karan & Anr. Date of Order :
02. 09.2013 PRESENT HON'BLE MR. JUSTICE GOVIND MATHUR Mr. J.R. Chawel for the petitioner BY THE COURT : By the order dated 08.07.2013, learned Civil Judge (Junior Division), Nohar rejected the application preferred by the defendant-petitioner under Order 7 Rule 11 of the Code of Civil Procedure to reject the plaint. The submission of learned counsel for the petitioner while giving challenge to the order aforesaid is that the suit was filed for cancellation of adoption deed made by Rami Devi, who is said to be not in position to hear, see or to take any positive action to execute such kind of deed. It is submitted that the petitioner adopted respondent No.2 Rameshwar as son in the year 1985 and thereafter the petitioner stayed with Rameshwar continuously, as such, no right is available to the respondent- plaintiff to challenge the adoption deed. [2] I do not find any merit in the argument advanced. It is well-settled that powers under Order 7 Rule 11 CPC can be invoked only in the circumstances that the plaintiff fails to show any cause of action or the cause sought to be agitated is absolutely vexatious. In the instant matter, that is not the position. As per the averments contained in the plaint, prima facie cause of action is apparent, as such, no wrong is committed by the court below while rejecting the application under Order 7 Rule 11 CPC. No interference with the order impugned is desirable. The writ petition is dismissed, accordingly. [GOVIND MATHUR],J.
Pramod