1 Bhanwar lal & Anr. Vs. Saraswati (S. B. CIVIL WRIT PETITION NO.3864/09) Dated : 13.01.2010 HON'BLE MR. JUSTICE SANGEET LODHA Mr. M.A. Siddiqui, for the petitioners. Mr. J.R. Patel, for the respondent. 1. This writ petition is directed against order dated 22.01.09 passed by the Additional Civil Judge (Junior Division) No.5, Jodhpur, whereby an application preferred on behalf of the petitioner under Order VII Rule 11 read with Order VI Rule 16 CPC, stands dismissed. 2. Admittedly, the matter before the learned trial court is fixed for final arguments. It is also not disputed before this Court by the learned counsel for the petitioner that the question sought to be raised by way of aforesaid application is covered by issue no.1 framed in the suit by the learned trial court. The learned trial court has opined that the question sought to be raised by the petitioner by way of the application under Order VII Rule 11 read with Order VI Rule 16 CPC, for rejection of the plaint shall stand decided, while deciding the issue no.1 and, therefore, it is not necessary to pass a separate order on the application preferred. 3. In considered opinion of this Court, the order impugned passed by the learned trial court does not suffer from any 2 jurisdiction error warranting interference by this Court under extra ordinary supervisory jurisdiction under Article 227 of the Constitution of India. 4. The writ petition is, therefore, dismissed. No order as to costs. (SANGEET LODHA), J. vij