Amit Pyasi vs Rajkumar Dubey
2023 Latest Caselaw 14832 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CR No. 492 of 2023
                                        (AMIT PYASI AND OTHERS Vs RAJKUMAR DUBEY AND OTHERS)

                         Dated : 08-09-2023
                               Shri Girish Shrivastava- Advocate for the petitioner.

                               Shri Sourabh Singh Sahgal- Advocate for the respondent no.2.

Issue notice to respondents on payment of process fee within three working days failing which this petition shall stand dismissed without further reference to the Bench.

The challenge is to interlocutory order dated 30.06.2023 by which an application preferred by petitioners under Order 7 Rule 11 of the CPC suffered dismissal on the ground that cause raised in the plaint is not covered by any of the Clauses of Section 92(1) of CPC.

Learned counsel for petitioner while relying upon judgment of Supreme Court in Charan Singh & anr. Vs. Darshan Singh & Ors. AIR 1975 (1) SC 371 contends that nature of the suit filed by plaintiff was not maintainable in the absence of permission to file suit accorded by the Advocate General or suit was filed by more than one person having interest in the Trust. None of

aforesaid pre-requisites is satisfied herein and thus it is urged that the suit in question was barred by law [Section 92 (1) CPC].

Meanwhile, further proceedings in suit bearing R.C.S. No.32-A/2023 pending before the Court of Civil Judge, Junior Division, Pathariya, District Damoh (M.P.) shall remain stayed till the next date of hearing.

(SHEEL NAGU) JUDGE

P/-

Signature Not Verified Signed by: MRS PREETI TIWARI Signing time: 9/9/2023 4:34:27 PM

Signature Not Verified Signed by: MRS PREETI TIWARI Signing time: 9/9/2023 4:34:27 PM