Mritunjay Kumar v. Kumar Avinash @ Avinash Prasad

Patna High Court CWJC No.12391 of 2015 (2) dt.04-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12391 of 2015 ====================================================== Mritunjay Kumar .... .... Petitioner/s

Versus

Kumar Avinash @ Abinash Prasad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 04-05-2016 Heard the learned counsel, Mr. Shailendra Kumar Jha for the petitioner.

It appears that the defendant in eviction suit filed the application under Order VII Rule 11 C.P.C. for rejection of the plaint on the ground that the defendant is a tenant of the mother of the plaintiff and unless mother is made party, the eviction suit is not maintainable, therefore, the plaint should be rejected by the impugned order. The Court below rejected the application filed by the petitioner.

Since the ground taken by the petitioner for rejection of the plaint is not covered under any clause of Order VII Rule 11 C.P.C., the Court below has rightly rejected the application. Therefore, I find no reason to interfere with the impugned order. Accordingly, this writ application is dismissed. Saurabh/- (Mungeshwar Sahoo, J) U T