Krishna Janambhoomi Matter: Allahabad HC Dismisses Petition Against Mathura Court's Order Allowing Application Under Order 7 Rule 11 CPC
The Allahabad High Court dismissed a petition filed by Shri Krishna Janambhoomi Mukti Nirman Trust under Article 227 challenging the order of the Mathura Trial Court. The Trial Court had allowed an application filed by the Respondent under Order 7 Rule 11 of the CPC determining maintainability.
The Bench headed by Justice Jayant Banerji said that “It is settled law that for the purpose of considering an application under Order 7 Rule 11 of the CPC, only the entire plaint is required to be seen. No other pleading nor any evidence may be considered by the court while adjudicating in respect of an application under Order 7 Rule 11.”
Further, Court held that “it is prerogative of the trial court to proceed in the manner it deems fit unless there is an specific provision that provides for a particular methodology or process to be adopted. The trial court, in the impugned order has observed that where in a suit, its maintainability has been questioned, then that fact has to be determined first. Therefore, hearing on the question of maintainability of the suit is proper and justified.”
Advocate Suresh Kumar Maurya appeared for the Petitioner while Advocate Punit Kumar Gupta appeared for the Respondents.
The Krishna Janambhoomi Trust had filed a civil suit with a copy of a map, praying for the Civil Judge to issue orders for scientific survey under Order 26 Rule 9 CPC. The Respondents challenged the maintainability and filed an application under Order 7 Rule 11 CPC.
The Trial Court allowed the application challenging the maintainability first. This order was challenged by the Petitioners before the High Court.
The High Court after examining the facts said “As regards the second prayer made in this petition, it is prerogative of the trial court to proceed in the manner it deems fit unless there is an specific provision that provides for a particular methodology or process to be adopted. Under the facts and circumstances, I see no such error or illegality in the impugned order dated 31.3.2023 that may merit interference in exercise of jurisdiction under Article 227 of the Constitution of India.”
Accordingly, the High Court dismissed the Petition.
Cause Title: Shri Krishna Janambhoomi Mukti Nirman Trust v. Sahi Masjid Eidgah Management Committee and Ors.
