THE STATE OF H.P. Vs. KEHAR SINGH

JUDGEMENT

(1.) -Leave granted.

(2.) The appellants are before this Court aggrieved by the order dated 17.05.2016 passed by the High Court of Calcutta declining to issue a direction to the Trial Court to dispose of an application under Order VII, Rule 11 of CPC.

(3.) The High Court has taken note of the fact that a similar attempt made by the appellants before this Court had already been declined. Therefore, at this stage, despite the persuasive submissions on the part of the learned counsel based on the decision of this Court in Civil Appeal No. 5540 of 2016, R.K. Roja Vs. U.S. Rayudu that application filed under Order VII, Rule 11, Civil Procedure Code has to be disposed of before the trial court, we are not inclined to interfere in the peculiar facts of this case. Be that as it may, it is seen from the issues, which have been framed by the High Court, that the maintainability as well as the cause of action are separate issues on which the trial court has to proceed. Now that all the objections raised by the appellants in the application filed under Order VII, Rule 11, Civil Procedure Code are covered by the issues already framed, it is not necessary to frame any additional issue. The application under Order VII, Rule 11, Civil Procedure Code will stand rejected.