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Jai Hind Buildcon & Anr. vs. Heeralal Sharma & Ors.

46.00 4.60

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Code of Civil Procedure, 1908–Order 7, Rule 11–Application under–Dismissal of–Justification–Suit for restraining the petitioner from the construction of a multi-storey building–Plaintiffs have not mentioned a clear right to sue accrued to them–No averments as regard to locus standi–Even if the suit was a representative suit, it was not reflected that the provisions of Order 1, Rule 8 CPC were pressed into service–Trial Court did not deal with the objections of undervaluation of the suit and requirement of statutory notice before the institution of suit–Impugned order is suffering from the jurisdictional error and material irregularity–Set aside and directed to pass a fresh order in accordance with the law.