Sangeet Lodha, J. - (1.) This petition is directed against order dated 9.12.16 passed by the Senior Civil Judge, Rajgarh, whereby an application preferred by the petitioner under Order VII Rule 11 read with Section 151 CPC, stands rejected.
(2.) The respondent filed a suit for eviction and mesne profit against the petitioner-defendant before the Civil Judge, Rajgarh, Churu. The suit is being contested by the petitioner by filing a written statement thereto. During the pendency of the suit, the petitioner preferred an application under Order VII Rule 11 CPC seeking rejection of the plaint on the ground that the respondent had terminated his tenancy vide notice dated 30.11.14 and thereafter, the tenancy could not have been terminated by way of yet another notice dated 11.12.15 and therefore, the suit is liable to be dismissed. That apart, it was contended that the suit is liable to be rejected for the reasons set out in para 14 to 16 of the written statement wherein the petitioner has questioned locus standi of Shri Laxminarayan Sharma to maintain the suit on behalf of the respondent Trust. It is further contended that the suit filed is barred by principle of res judicata.
(3.) The application has been rejected by the court below observing that the objections raised by the petitioner can only be decided after framing the issues, on the basis of the evidence to be led by the parties. Hence, this petition.;