Bintun Nisha v. Nazara Khatoon And ORS

Patna High Court CWJC No.14104 of 2015 (2) dt.19-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14104 of 2015 ====================================================== Bintun Nisha .... .... Petitioner/s

Versus

Nazara Khatoon & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Yadav For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-05-2016 Heard the learned counsel, Mr. Gautam Kumar Yadav for the petitioner.

This application under Article 227 has been filed for setting aside the order dated 02.06.2015 passed by learned Munsif II, Patna in Title Suit No.1 of 2013 whereby the learned Court below refused to review the earlier order passed by the Court dated 08.08.2014 by which the application filed by the petitioner under Order VII Rule 11 (a), (b) and (d) was rejected. The petitioner filed the application under Order VII Rule 11 (a), (b) and (d) praying for rejection of the plaint firstly, on the ground that the plaintiff has given a wrong date for cause of action, secondly, the suit is under valued as the value of the suit property is not less than Rs.30 lacs and thirdly, that the suit filed by the petitioner is barred under Section 9 of the Code of Civil Procedure.

Patna High Court CWJC No.14104 of 2015 (2) dt.19-05-2016 Except these grounds, no other ground has been raised by the petitioner either in the application or at the time of hearing of this writ application.

From perusal of the provision as contained in Order VII Rule 11 (a), (b) and (d), I find that none of the grounds raised by the petitioner is a ground of rejection of the plaint and, therefore, the learned Court below has rightly rejected the other application. Thus, this writ application has got no merit and accordingly, it is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T