SECRETARY, MEGHALAYA URBAN DEVELOPMENT AUTHORITY Vs. URBAN SHOPPING COMPLEX ASSOCIATION

JUDGEMENT

(1.) This civil revision petition has been filed under Sec. 115 CPC read with Article 227 of the Constitution of India against the order dtd. 13/10/2023 passed by the learned Assistant District Judge, Shillong in Misc Case No. 58(H) of 2023 in Title Suit No.8(H) of 2023 rejecting the petitioner's application under order VII Rule 11 of the Code of Civil Procedure, 1908.

(2.) The brief facts of the case are that pursuant to a notification dtd. 12/4/2003, issued by the petitioner for enhancement of monthly rent, the Respondent Association had instituted a suit for declaration and permanent injunction, which is pending disposal before the Court of the learned Assistant District Judge at Shillong. In the said suit, the petitioner herein, had filed an application under Order VII Rule 11 mentioning the non-existence of any cause of action, and also on the ground that the suit was barred by the Doctrine of Privity of Contract. This application then came to be dismissed by the impugned order dtd. 13/10/2023.

(3.) It has been submitted by Mr Philemon Nongbri, learned counsel for the petitioner that the learned court of the Assistant District Judge while dismissing the said application had not appreciated the matter in its correct perspective, nor rendered any substantial findings on the points raised in the said application.