Sunil Das vs Prasant Kumar Singh
2025 Latest Caselaw 682 Jhar

Jharkhand High Court

Sunil Das vs Prasant Kumar Singh on 10 July, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Second Appeal No. 110 of 2024

       Sunil Das                                      ..........Appellant

                             ... Versus....

      Prasant Kumar Singh                            .......    Respondent

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Appellant : Mr. Arvind Kr. Choudhary, Advocate For the Respondent : Mrs. Vandana Singh, Advocate

06/Dated: 10/07/2025 I.A. No. 10963 of 2024 has been filed for accepting vakalatnama

on behalf of sole respondent.

2. For the reasons assigned in the I.A, prayer made in I.A. is allowed.

3. I.A. No. 10963 of 2024 stands allowed and disposed of.

4. Vakalatnama on behalf of sole respondent is accepted.

5. This appeal shall be heard on the following substantial question

of law:-

i. Whether the learned First Appellate Court failed to

consider that the learned Civil Judge (Senior Division)-VII, Deoghar

has erroneously surpassed, over looked its jurisdiction while rejecting

the plaint filed by the appellant under Order VII Rule 11 read with

section 151 of the Code of Civil Procedure ?

ii. Whether the judgments of both the courts in deciding

the petition under Order VII Rule 11 of the Code of Civil Procedure

have been passed under the parameters of Order VII Rule 11 of C.P.C.

in the light of judgment of Hon'ble Supreme Court in the case of " P.V.

Guru Raj Reddy Vs. P. Neeradha Reddy and others" reported in

2015 (2) PLJR 205 (SC) and in the case of " Exphar SA & Anr. Vs.

Eupharma Laboratories Ltd. and Anr." reported in 2004 (2)

Supreme 146."

6. Call for Trial Court Record.

7. Since the vakalatnama has already been accepted on behalf of sole

respondent there is not need to issue notice upon sole respondent.

( Sanjay Kumar Dwivedi, J.)

Satyarthi/-