Code of Civil Procedure, 1908–Order 7, Rule 11–Application for dismissal of plaint–Rejection of–
Appreciation–Suit for eviction–Plea of defendant that the plaintiff treated with him as encroacher hence only the suit for possession could be filed and not the suit for possession could be filed and not the suit for eviction–Issue in regard to nature of suit has been framed and it would be decided after the evidence of parties–Held, no interference is required in the impugned order.


