MA No. 3077 of 2017. Case: Rahul Raj Kulshreshtha Vs Smt. Varsha. High Court of Allahabad (India)

Case NumberMA No. 3077 of 2017
CounselFor Appellant: Anupam Kulshreshtha, Adv.
JudgesManoj Misra, J.
IssueCivil Procedure Code - Order 7 Rule 11
Judgement DateMay 11, 2017
CourtHigh Court of Allahabad (India)


Manoj Misra, J.

Heard learned counsel for the petitioner.

The present petition has been filed challenging the order dated 17.10.2016 passed by Additional District Judge, Court No. 9, Agra in Civil Revision No. 3 of 2015 and the order dated 14.10.2014 passed by Civil Judge (SD), Agra in O.S. No. 413 of 2014.

By order dated 14.10.2014 passed by Civil Judge (SD), Agra, the prayer of the defendant to reject the plaint under Order 7 Rule 11 CPC has been deferred for consideration after receipt of evidence and the said order has been upheld by the revisional court vide order dated 17.10.2016.

Learned counsel for the petitioner has assailed the orders passed by the courts below on the ground that that admittedly the suit property was an agricultural land and the suit was instituted for mandatory injunction to remove the encroachment allegedly made by the defendant over the suit property and therefore the plaintiff ought to have instituted a suit for possession under section 209 of U.P. Z.A. & L.R. Act and as such the suit was barred by section 331 of U.P. Z.A. & L.R. Act and the plaint was therefore liable to be rejected under Order 7 Rule 11(d) CPC.


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