The Singhpura Cooperative House Building v. Alamjit Sigh Maan & Anr.

CORAM: HON'BLE MR.JUSTICE AJAY KUMAR MITTAL. Present: Mr.B.S.Guliani, Advocate, for the petitioner. Mr.S.S.Behl, Advocate, for the respondents. **** AJAY KUMAR MITTAL, J.(Oral) In this revision petition filed under Article 227 of the Constitution of India, the defendant-petitioner has sought quashing of the order dated 20.03.2009 (Annexure P-1) passed by the trial Court whereby an application filed by it under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure for rejection of the plaint was dismissed. Learned counsel for the parties are in agreement that the order dated 20.03.2009 passed by the trial Court which has been impugned herein, may be set aside and the matter be remitted to the trial Court to decide the same afresh. Learned counsel for the respondents states that an application for amendment of the plaint has been filed before the trial Court which is fixed for 25.08.2009. He further states that the application filed under Civil Revision No.1970 of 2009 2 Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure may be ordered to be decided along with that application. Learned counsel for the petitioner has no objection to the aforesaid submission of the learned counsel for the respondents. Accordingly, order dated 20.03.2009 impugned herein is set aside and the matter is remitted to the trial Court for deciding the same afresh along with the application filed by the defendant-petitioner for amendment of the plaint. July 21, 2009 (AJAY KUMAR MITTAL) JUDGE