Jagmeet Singh Khalsha v. Shri Sudhakar Pandey

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.957 of 2018

1. Jagmeet Singh Khalsha S/o Late Shri Kulwant Singh Khalsha Aged About 28 Years R/o Ward No.8, Nagar Parishad Takhatpur, Tahsil - Takhatpur, District - Bilaspur, Chhattisgarh.

2. Smt. Paramjeet Kaur Wd/o Late Shri Kulwant Singh Khalsha Aged About 55 Years R/o Ward No.8, Nagar Parishad Takhatpur, Tahsil - Takhatpur, District - Bilaspur, Chhattisgarh. ---- Petitioners

Versus

1. Shri Sudhakar Pandey S/o Late Ramdatta Pandey Aged About 78 Years R/o Ward No.8, Nagar Parishad Takhatpur, Tahsil - Takhatpur, District - Bilaspur, Chhattisgarh.

2. State Of Chhattisgarh Through Collector Bilaspur, Chhattisgarh. ---- Respondents For Petitioners : Mr. Kripesh G. Kela, Advocate. For Respondents. : None.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14.11.2018.

1. By the impugned order an application under Order 7 Rule 11 of the Code of Civil Procedure filed by respondent No.1 has been allowed and the plaint has been rejected invoking the provisions contained in Order 7 Rule 11 of C.P.C as such order is a force of decree and appealable under Section 96 of C.P.C, this writ petition is not maintainable.

2. Accordingly, it is dismissed. However, the petitioners are at liberty to file an appeal alongwith application for condonation of delay in accordance with law. Certified copy of the impugned order be returned to the learned counsel for the petitioners, after furnishing duly attested copy thereof. No costs.

Sd /- (Sanjay K. Agrawal) Judge J /-