- t -- 45 % +* 10.o1.2011 Present: Mr. Ram Kishan Saini, Adv' for the petitioner' c.M. 262120LL Allowed, subject to all just exceptions' ThisCivi|RevisionPetitionhasbeenfi|edbythepetitioner (defendant No.5 before learned trial court) under section 115 CPC against the impugned order dated 8.12.2010 whereby learned trial court has dismissed the application filed by defendant No'5 under Order 7 Rule 11 r/w Section 151 CPC for rejection of the plaint' Ihavegonethroughtheimpugnedorderpassedby|earned tria|Court'Theoperativeportionoftheimpugnedorderisas under:- "No doubt that under order 7 rule 11 CPC a plaint may be t"pit"o, if it does not disclose cause of action or ii-it ii' OarreO by law.. lt-is established fiio[osition of law that under order 7 rule 11 CPC' court .un'only ionsider the averments of the plaint and not p"iritt"o to look into the defence taken in written ,t.iu."nt. The issue of bar of suit under order Z ruie- 2 CPC or by principle of resjudicata is mixed question of law and fact which cannot be determined -without taking the evidence of the parties.unoersectionaT-BotDMCAct,noticeis requiredinrespectofthoseactionswhicharetaken bycompetentauthorityundertheprovisionsofDMC Act. suit fti injunction, is an urgent relief. otherwise also, the qr"ttlon of limitation is also mixed question 2 t Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified (, of law and fact which cannot be determined without tria|.ThemaincaSeofthep|aintiffisfor enforcement of demolition orders already passed by the MCD. careful perusal of the plaint reveals that material facts constitute a cause of action for filing o-f the suit. The bar of law in the form of order 2 rule 2 cPc and principle of resjudicata cannot be decided in this suit without tria|. In my opinion, it is not in interest of justice to reject the plaint under order 7 rule 11 ipC' Therefore, application filed by defendant No.5 is dismissed. Order accordingly"' I do not find any infirmity in the order passed by learned trial Court. Dismissed. s.L. BHAYANA, J. JANUARY 1O, ZOLL Kb "b7