TMI Blog2017 (2) TMI 1338X X X X Extracts X X X X X X X X Extracts X X X X ..... ned trial Judge has committed an error in rejecting the application (Exhibit No.27) and refusing to consider the application (Exhibit No.22) before considering the application (Exhibit No.18) - the provisions of Order VII Rule 13 of the Code of Civil Procedure lay down that if the plaint is rejected under Order VII Rule 11 of the Code of Civil Procedure, then the plaintiff is not precluded from pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee for specific performance of contract and for other reliefs. In this civil suit, the defendant filed an application (Exhibit No.18) under Order VII Rule 11(a) of the Code of Civil Procedure praying that the plaint be rejected. Before this application (Exhibit No.18) is decided, the plaintiff filed an application (Exhibit No.22) under Order VI Rule 17 of the Code of Civil Procedure seeking permis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he matter. It is argued that there is no error of jurisdiction while passing the impugned order and therefore, it would not be permissible for this Court to interfere with the impugned order in the extra ordinary jurisdiction. 5. After considering the submissions made by the learned Advocates for the respective parties, I am of the view that the learned trial Judge has committed an error in rej ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e application (Exhibit 4 wp6165.16 No.18). Of course the application (Exhibit No.22) will have to be considered on its own merits according to law. 6. The judgment in the case of P.K. Roja vs. U.S. Rayudu and another relied upon by the learned Advocate for the respondent/defendant is on totally different point. In this judgment, it is laid down that once an application under Order VII Rule 11 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) The impugned order is set aside. (ii) The application (Exhibit No.27) filed by the petitioner is allowed. (iii) The learned trial Judge shall consider the application (Exhibit No.22) filed by the petitioner/plaintiff under Order VI Rule 17 of the Code of Civil Procedure before the application (Exhibit No.18) filed by the respondent/defendant under Order VII Rule 11(a) of the Code of Civi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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