- (1.) CM No.25018-CII of 2014 Application for placing on record Annexures P7 to P15 and from exemption from filing certified copies of P12 to P15, is allowed. Annexures P7 to P15 are taken on record, subject to just exceptions. CR Nos.6349 & 6370 of 2014 This order shall dispose of CR Nos.6349 & 6370 of 2014, involving common questions of law and facts. However, to dictate orders, facts have been taken from CR No.6349 of 2014 titled Bhim Singh & others v. Rishi Pal & others.
(2.) The present revision petition is directed against the order dated 02.05.2014 (Annexure P6) passed by the Civil Judge (Junior Division) Faridabad whereby the application, filed under Order 7 Rule 11 CPC has been dismissed mainly on the ground that the written statement was filed on 16.10.2007 and the application had been filed at a belated stage.
(3.) Counsel for the petitioners has vehemently argued that in case the Civil Court had lack of jurisdiction under Order 7 Rule 11 CPC on account of being barred by any law, the plaint was liable to be rejected and has placed reliance upon the judgment of the Apex Court passed in Popat & Kotecha Property Vs. State Bank of India Staff Association, 2005 7 SCC 510. He has further submitted that in a suit filed under representative capacity, procedure under Order 1 Rule 8 was not followed and therefore, the Trial Court was in error in rejecting the application. It is contended that the matter pertains to a dispute of consolidation under Section 44 of the East Punjab Holding Consolidation & Prevention of Fragmentation Act, 1948 (for short, the '1948 Act') and the Civil Court had no jurisdiction.;