CMPMO 328 of 2008. 12.3.2009 Present: Mr. Deepak Kaushal, counsel for the petitioner. Mr. K.S.Kanwar, counsel for the respondents. The petitioner-defendant is aggrieved by the order passed by the learned trial Court on an application filed under Order 7 Rule 11 of the Code of Civil Procedure seeking rejection of the plaint filed by the respondents. The learned trial Court, after considering the law on the subject and the judgment of this Court as reported in Prithvi Raj Jhingta & Anr. V. Gopal Singh & Anr. , AIR 2007 HP 11 held that this point requires to be decided after an issue has been framed and evidence led on the issue. The right of the petitioner to challenge the jurisdiction of the Court has not been closed. In these circumstances, this petition is disposed of. Pending application(s) shall stand disposed of. There shall be no order as to costs. March 12, 2009 (PC). (Dev Darshan Sud), J.