PREETAM GIDWANI Vs. MADAN CHAURASIA AND ORS.
LAWS(MPH)-2020-3-331
HIGH COURT OF MADHYA PRADESH
Decided on March 20,2020

Preetam Gidwani Appellant
VERSUS
Madan Chaurasia And Ors. Respondents

JUDGEMENT

- (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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