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2017 (12) TMI 849 - GUJRAT HIGH COURTApplication under Order 7 Rule 11 of the Code of Civil Procedure - cheques bounced with the remarks, account closed - debts - application at Exhibit11 that is prior to leave to defend application for rejecting the plaint under Order 7 Rule 11 (a) (d) of the Code of Civil Procedure - main thrust of the contention is that there is no cause of action reflecting from the bare reading of the plaint and the suit is barred by law - Held that:- Considering the chronology of events, and the facts which are entangled, the Court deems it proper that Order 7 Rule 11 of the Code of Civil Procedure application is required to be heard afresh in detail. Hence, in view of the proposition of law, if the ground is sufficiently explained, the Court need not to deal with all other aspects which are raised by way of contention and therefore, the Court deems it proper to dispose of the present revision application only on this solitary ground with necessary consequential directions in the interest of justice. Considering the aforesaid circumstance, the order dated 12.10.2015 is quashed and set aside hereby with a direction to the learned 5th Additional Senior Civil Judge, Gandhidham to deal with and decide the application at Exhibit11 submitted under Order 7 Rule 11 of the Code of Civil Procedure afresh by extending proper opportunities to the respective parties appearing in the suit and shall pass a reasoned order dealing with rival contentions in the proceedings.
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