Bela M. Trivedi, J. - (1.) THE present petition is directed against the order dt. 08.07.2011 passed by the learned Addl. District & Sessions Judge, Madanganj, Kishangarh, Ajmer in Civil Suit No.119/03 whereby the Court rejected the application of the petitioner -defendant filed under Order 7 Rule 11 of CPC.
(2.) IT has been submitted by the learned counsel for the petitioner that the suit for eviction has been filed by the respondent -plaintiff under the Transfer of Property Act. According to him the said suit is not maintainable as there is Rent Control Act in force in Kishangarh town and, therefore, the suit has to be filed under the provisions of the said Act only. According to him the trial Court has erred in not dismissing the suit in view of Order 7 Rule 11 of CPC. Having regard to the submissions made by the learned counsel for the petitioner and in view of the provisions contained in Order 7 Rule 11 of CPC, the Court does not find any substance in the submissions made by the learned counsel for the petitioner. From the bare reading of the provisions contained in Order 7 Rule 11(d) of CPC it transpires that the plaint could be rejected only if from the statement in the plaint it appears that the suit is barred by any law. There being no statement in the plaint from which it would appear that the suit is barred by any law, the trial Court has rightly rejected the application of the defendant.
(3.) THERE being no illegality or infirmity in the impugned order passed by the trial Court, the petition deserves to be dismissed and is accordingly dismissed.;