JUDGEMENT
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(1.)The applicant/defendant has preferred this revision under sec. 115 of Code of Civil Procedure (hereinafter referred to as the "CPC") being aggrieved by the order dtd. 8/8/2019 passed by Second Civil
Judge Class-I, Mandla in Civil Suit No.5-A/2015 whereby the
application filed by the applicant under Order 7 Rule 11 CPC has been
partly dismissed.
(2.)A suit has been filed by the respondent No.1/plaintiff pleaded that the Municipal Council, Mandla granted lease in his favour in
respect of the suit property. The same was terminated by the then
Collector in the year 1997. The respondent had leased out the suit
property to the applicant. However, the respondent filed a suit for
delivery of possession, injunction and mesne profit against the
applicant.
(3.)The applicant preferred an application under Order 7 Rule 11 of CPC alleging that, from the plaint it was not evident that the respondent
had leased out the suit property to the applicant. The
respondent/plaintiff had not specified the date of cause of action and
the provisions of law to file the suit after termination of the lease deed.
He has no locus standi to file the plaint. Otherwise also, there is
deficiency of court fees. Thus, the applicant filed the application under
Order 7 Rule 11 for rejection of plaint.
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