Court No. - 4 Case :- WRIT - C No. - 46369 of 2010 Petitioner :- Nawab Akhtar And Others Respondent :- Irfan And Others Petitioner Counsel :- Manoj Kumar Gupta,Ajay Kumar Singh,Ashish Kumar Singh Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
It is contended that the plaint only gives illusory cause of action but
as a matter of fact, there was no cause of action and the suit being
fictitious, the plaint is liable to be quashed.
Primafacie from a perusal of the record, there appears to be force in
the submission and the matter requires scrutiny.
At this stage, notices be issued to respondents no. 1 to 4 only, who
may file counter affidavit.
Steps be taken by registered post within a week.
Office shall issue notices returnable within six weeks.
List for admission on the date fixed by the office in the notice.
Considering the facts and circumstances, till the next date of listing,
further proceedings of O.S. No. 405 of 2010 pending in the court of
Civil Judge (Senior Division), Saharanpur shall remain stayed.
Order Date :- 6.8.2010