Bena Bai And Ors Vs Chhattisgarh State Power Distribution Company Ltd. And Ors

Chhattisgarh High Court 10 Sep 2018 Writ Petition (227) No. 671 Of 2018 (2018) 09 CHH CK 0151
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition (227) No. 671 Of 2018

Hon'ble Bench

Sanjay K. Agrawal, J

Advocates

Rakesh Jain, Abhishek Sinha

Final Decision

Dismissed

Acts Referred
  • Code Of Civil Procedure 1908 - Order 7 Rule 11, Order 7 Rule 11(c)
  • Constitution Of India, 1950 - Article 227

Judgement Text

Translate:

Sanjay K. Agrawal, J

1. The plaintiffs suit was dismissed by the trial Court by invoking Order 7 Rule 11(c) of C.P.C. against which this writ petition under Article 227 of the

Constitution has been filed.

2. Learned counsel for the petitioners / plaintiffs submits that the impugned order is unsustainable and bad in law and liable to be set aside.

3. I have heard learned counsel for the petitioners.

4. The suit has been dismissed under Order 7 Rule 11 of C.P.C. which has the force of decree in view of the decision rendered by the Supreme Court

in the cases of Chandi Prasad v. Jagdish Prasad (2004) 8 SCC 724 Shamsher Singh v. Rajinder Prashad and others (1973) 2 SCC 524 and Rishabh

Chand Jain v. Ginesh Chandra Jain (2016) 6 SCC 675.

5. In view of the above, the writ petition is dismissed as not maintainable. However, the petitioners would be at liberty to file an appeal in accordance

with law. No cost(s).

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