Heard Mr. K. K. Mahanta, the learned Senior counsel assisted by Mr. B.
D. Deka, the learned counsel appearing on behalf of the Petitioners. I have
also heard Mr. S. Afridi, the learned counsel appearing on behalf of the
Respondents.
2. This is an application under Article 227 of the Constitution challenging
the order dated 30.10.2023 passed by the learned Court of the Civil Judge
No.2, Kamrup (M) at Guwahati in Petition No.3557/2023 arising out of Title
Suit No. 432/2023 whereby the application seeking rejection of the plaint
under Order VII Rule 11(d) of the Code of Civil Procedure, 1908, (for short
‘the Code’) was rejected.
3. At the outset, this Court finds it relevant to observe that when an
application seeking rejection of a plaint filed under Order VII Rule 11(d) of
the Code is rejected, the Code provides a remedy in terms with Section 115
of the Code and accordingly, the exercise of the jurisdiction of this Court
under Article 227 of the Constitution is not called for.
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