CSA - .148/08 - Rajasthan Tourism Development Corporation Ltd. vs. Kuldeep Bagrecha & Ors. Judgment dt.24.7.08 1/2 S.B. CIVIL SECOND APPEAL NO.148/2008 Rajasthan Tourism Development Corporation Ltd. vs. Kuldeep Bagrecha & Ors. Date of order : 24th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. S.G. Ojha for the appellant. Mr. Om Mehta for the respondents. --------- 1. This appeal arises out of the order of the learned appellate court dated 1.8.2007 whereby the learned appellate court allowed the appeal filed by the plaintiff and set aside the trial court's judgment by which the trial court vide its order dated 8.8.2006 had allowed the application filed by the defendant under Order 7 Rule 11 and finding the suit barred by law and rejected the suit. 2. The learned first Appellate Court in the impugned judgment has found that the learned trial court has traversed beyond the averments made in the plaint and had also found that the suit was barred by law on the ground that the plaintiff had earlier filed a complaint before the District Consumer Forum and had therefore, erred in allowing the said application under Order 7 Rule 11 C.P.C. 3. The learned appellate Court after going through the plaint averments found that from the plaint averments it could not be inferred that the suit was barred by law and, therefore, the application under Order 7 Rule 11 C.P.C. was wrongly allowed by the learned trial Court. CSA - .148/08 - Rajasthan Tourism Development Corporation Ltd. vs. Kuldeep Bagrecha & Ors. Judgment dt.24.7.08 2/2 4. After considering the submissions at the Bar and perusal of the impugned order of the first appellate court, this Court finds no substantial question of law to be arising in the matter and thus, second appeal is found to be devoid of merit and the same is accordingly dismissed. 5. In the facts and circumstance of the case, the learned trial court may expedite the trial and decide the same preferably within a period of one year. [ DR. VINEET KOTHARI ], J. item No.39 babulal/-