SUNITA SHARMA Vs. DEEPAK SHARMA & OTHERS

JUDGEMENT

(1.) The petitioner/plaintiff has filed the present petition 24.2.2016 by which the application filed under Order 7 Rule 11 of the C.P.C. has been disposed of and the plaintiff has been directed under Order 6 Rule 16 of the C.P.C. to omit the relief regarding the properties which are not mentioned in the previous suit.

(2.) In this petition, learned counsel appearing for respondents No.1 and 2 has raised a preliminary objection in respect of maintainability of the writ petition. According to Shri Jain, learned senior counsel, by the impugned order, the civil suit has partially been dismissed in respect of the properties which were not mentioned in the previous suit, therefore, the first appeal lies against the said order. The petitioner may be permitted to withdraw this petition with liberty to file the first appeal or he may be permitted to convert this petition into first appeal.

(3.) Shri Zelawat, learned senior counsel appearing for the petitioner, submits that there is no provision in the Civil Procedure Code in respect of dismissal of the suit partially. The impugned order is passed under Order 6 Rule 16 of the C.P.C. and the said order is not appealable, therefore, the plaintiff/petitioner has rightly filed this writ petition, hence the same is maintainable before this Court.