Chhattisgarh Court September 2007 Judgments

Cent Bank Vs. Laxmandas and ors.

Court: Chhattisgarh

Reported in: 2007(4)MPHT32(CG)

ORDERD.R. Deshmukh, J.1. The applicant is aggrieved by an order dated 12-6-2007 passed by Additional District Judge, Bilaspur in Civil Suit No. 8-A/2007, whereby the application under Order 7 Rule 11 of the Code of Civil Procedure (henceforth 'the Code') filed by the applicant/defendant was dismissed on the ground that the defendant should file written statement raising all such objections. No order on merit was passed on the application under Order 7 Rule 11 of the Code.2. In Saleem Bhai and Ors. v. State of Maharashtra and Ors. : [2002]SUPP5SCR491 , the Apex Court has held as under:9. A perusal of Order VII Rule 11, CPC, makes it clear that the relevant facts which need to be looked into for deciding an application thereunder are the averments in the plaint. The Trial Court can exercise the power under Order VII Rule 11, CPC at any stage of the suit before registering the plaint or after issuing summons to the defendant at any time before the conclusion of the trial. For the purposes...