High Court Of ChhattisgarhWP227/1087/2018dismissed

Akash Kumar Sonwani v. General Public

2019-01-04Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 1087 of 2018

1. Akash Kumar Sonwani, 23 years,

2. Arun Kumar Sonwani, 40 years,

3. Sabed Ram Sonwani, 58 years, s/o late Sadhu Ram Sonwani,

4. Smt. Mahettrin Bai Sonwani, 53 years, W/o- Sabed Ram Sonwani, all are R/o of Parsa Bhatha, P.S.- Balco Nagar, Tehsil and District - Korba (C.G.) ----Petitioners/plaintiffs

Versus

1. General Public,

2. Praveen Kumar Anant, 31 years, S/o-Ramanuj Anant,

3. Arjun Annu Anant, S/o Praveen Kumar Anant, 1.5 years, through his natural Guardian Father, Praveen Kumar Anant, both are R/o - Qtr. No.-300/4/A, P.S. - Balco Nagar, Tehsil and District - Korba (C.G.)

4. Branch Manager, State Bank of India, Branch at Balco, P.S.- Balco Nagar, Tehsil and District - Korba (C.G.) ---- Respondents For Petitioners : Mr. Pallav Mishra, Advocate For Respondents : None present.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/01/2019 (1) By the impugned order dated 28.11.2018, the plaintiffs' application filed under Order 11 Rule 12 of the Code of Civil Procedure (for short "CPC") has been rejected by the trial Court, against which this writ petition has been preferred. (2) Learned counsel appearing for the petitioner would submit that the trial Court has not assigned sufficient and valid reasons while rejecting application under Order 11 Rule 12 of the CPC and, therefore, the same is liable to be set aside.

(3) I have heard learned counsel for the petitioner and perused the impugned order. (4) A careful perusal of the impugned order would show that sufficient and valid reasons have been assigned by the trial Court while rejecting the application filed by the petitioner under Order 11 Rule 12 of the CPC, in which I do not find any illegality or perversity warranting interference under Article 227 of the Constitution of India. (5) Accordingly, the writ petition fails and is hereby dismissed. (6) Copy of this order be sent to the trial Court for compliance and needful. Sd/- (Sanjay K. Agrawal) Judge D/-