COURT OF AT : Hon'bie Deshmykh.A ^-—.^ 'y APPUCANTS ClvJI RevJslon No.145 of 2007 1. Hemlata Dwivedi, about 70 years, Wd/o Late Babulai Dwivedi, 2< Shallendra Dwlvedi, aaed- about 35 years, S/o Late Babuia! Dv^ivedi, 3. Smt. Umeshwari Dwivedi, 33 years, W/o Shri Shaiiendra Dwjvedi, 4< Kumar, 33 years/ S/o Late Babulaj D\¥lvedl, AII R/o . Nagar, Bilaspur, Tahsii and District Bilaspur (C,G.) 5. . Smt. Shaiinj Pandey, 35 years, Wd/b Late Ashwani Pandey, R/o Post Puran, Tahsi! Mungeli, District Bllaspur (C.G.) Dwivedi, 46 years, S/o Late Babulal Dwivedi, R/o Tiwari Chai, Jarahabhata, Bilaspur Town, Tahsli and Dlstrict Biiaspur (C.G.) Cjvji Revislon ursder 115 ofthe C.P.C..1908 Present : Shri for the on 3rrt December, 2007) This Cjvii Revision is • of at the - of wlthout notlce to the respondent/non-appilcant. 2.. Heard. 3. The appilcants are aggrieved by an order dated 31-08-2007 whereby the ^pplication fi!ed by the appiicants/defendants under Order M%^. 7 RuJe 11 of C.P.C. with Sectlon 151 of CP.C. oniy cn the ground that for adjudication was a of evidence. The iaw Js weli whlie with an under Order 7 Rute 11 of C.P.C. on the ground that the sult was not maintainabte, the averments averments in the plaint alone have to be consldered. 4, The trial Court ought to the in the on its vajye and the under Order 7 Rule 11 of CPC on merit. The approach of the triai Court In the appiication under Order 7 11 of CPC cn the ground that evidence would be to be by the and on this fixing the for fiilng of written statement wholly erroneous. 5. in thJs vlew of the matter, this Civli Revislon is ailowed. The Impugned order Is set aside. .Learned Additlonal Judge, BIIaspur is to.dispose of the Order 7 11 of CP<C, on glving opportunity of to the partles. i Sd/- I DUip Raosaheb Deshmukh Judge Kvr