IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL REVISION PETITION NO.90/2008 20.5.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri D.P.S. Chadda, for the appellant. Heard learned counsel for the petitioner. In this revision petition the petitioner has challenged the order dated 19.10.2006 by which the application filed under order 7 rule 11 C.P.C. by the defendant has been dismissed by the learned trial court. I have perused the impugned order and I find that the learned trial court has held that at the stage order 7 rule 11 C.P.C. the trial court is required to see whether the plaint suffers from any formal defect in the suit as mentioned in clauses (a) to (f) of rule 11 of order VII. The learned trial court has held that the so far as the objections which have been raised by the defendant are concerned the same would require consideration of the evidence on which the defendant seeks to rely upon and therefore the same does not fall within the scope of order 7 rule 11 CPC as only the plaint averments can be seen. It is submitted by the learned counsel for the petitioner that the written statement has been filed and similar objections have already been taken in the written statement. In view of the above it is expected that the learned trial court, which as per the submission of the learned counsel for the petitioner has not framed the issues, is free to frame necessary issue which arises in the case based upon the pleadings and the same shall be decided in accordance with law. Subject to the above this revision petition is dismissed summarily. (DALIP SINGH),J. Ramchandrkhatri,PS