Smt. Suman Lata and Another vs Civil Judge (Junior Division), Panipat and Others

Swatanter Kumar, J.—This is a petition under Article 227 of the constitution of India praying for issuance of a direction to respondent No. 2 the learned trial Court, to dismiss the suit instituted by the plaintiffs Kartar Singh and others. Kartar Singh and others filed a suit for permanent injunction praying that defendant'' No. 7 in the suit-present petitioner, be restrained from solemnising the marriage with defendants No. 4 and 5 in the suit in violation of the tradition of the family. This suit was contested by the defendants who have filed an application under Order 7 Rule 11 of CPC for rejection of the plaint and thereafter also filed a written statement on 6.1.1999 taking various preliminary objections with regard to the very maintainability of the suit; jurisdiction of the Court to entertain and try the suit and even fin further prayed that the parties have already married and as such the suit has become infructuous. However, till date neither the learned trial Court has framed the issues nor has passed any final orders on the application preferred by the defendant - present petitioner on record for rejection of plaint.

Strictly speaking, the present petition is premature as no order adverse to the interest of the present petitioner has been passed by the learned trial Court, as such this petition would not be maintainable. However, the interests of justice certainly demand that the learned trial Court should frame issues and dispose of the application of the present petitioner under Order 7 Rule 11 of the Code or even frame such preliminary issues as are required to be framed in accordance with law. It was vehemently contended by the Learned Counsel for the petitioner that the suit has become infructuous.

In the above circumstances and without touching the merits, of the case, to avoid prejudice to cither party it is directed that the trial Court should proceed with the suit expeditiously in accordance with law and in any case frame issue(s) and pass orders on the application of the petitioner within one month from the date on which a copy of this order is brought to the notice of the learned trial Court. The petition is, accordingly, disposed of.