Satyawan & ORS v. Somwati Devi & ORS

YOGESH SHARMA 2019.01.14 11:20 I attest to the accuracy and integrity of this document CR-1190-2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-1190-2016 (O&M) Date of decision : 08.01.2019 Satyawan and others ... Petitioners

Versus

Somwati Devi and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Ashwani Gaur, Advocate for the petitioners.

Mr. M.K. Tanwar, Advocate for respondent No.1.

**** AMIT RAWAL, J. (ORAL) The present revision petition is directed against the impugned order, whereby an application under Order 7 Rule 11 of the Code of Civil Procedure for dismissal of the suit, has been dismissed. After addressing the arguments for some time, learned counsel for the parties are ad idem that instead of pondering upon the issue with regard to the maintainability of the suit, let the preliminary issue, in this regard, be framed and decided before the suit could be decided on other issues.

In view of consensus between the parties, the revision petition is disposed of with a liberty to the parties to press the matter for framing of the preliminary issue qua maintainability and in case, such issue is already framed,

YOGESH SHARMA 2019.01.14 11:20 I attest to the accuracy and integrity of this document CR-1190-2016 (O&M) Court is directed to decide the preliminary issue, in the first instance, by affording 3-3 effective opportunities to the parties to the lis, dehors of the fact that application under Order 7 Rule 11 of CPC, has been dismissed. 08.01.2019 Yogesh Sharma ( AMIT RAWAL ) JUDGE Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No