Court No. - 4 Case :- WRIT - C No. - 40768 of 2010 Petitioner :- Akshya Kumar Respondent :- Chandra Prakash Jain And Others Petitioner Counsel :- Ashish Kumar Singh,Ajay Kumar Singh Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
This writ petition has filed seeking writ, order or direction in the nature
of certiorari to quash the plaint of O.S. No. 174 of 2010 pending
before the Civil Judge (Junior Division), City, Saharanpur. Various
grounds have been raised in support of the prayer. However, this
Court is of the opinion that in case any such ground is available, it
would be more appropriate to approach the trial court invoking the
powers conferred by Order VII Rule 11 C.P.C. The relief prayed for at
this stage is not liable to be granted under Article 226 of the
Constitution of India.
The writ petition stands dismissed with liberty to the petitioner to
invoke the powers of the civil court conferred by Order VII Rule 11
C.P.C. if so advised.
Order Date :- 15.7.2010
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