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High Court of Himachal Pradesh · body

2025 DAILYLAW 38803 (HP)

SHIV SINGH CHAUHAN AND OTHERS v. ANIL MANRAO

CMPMO/35/2023 · 2025-12-18

Bipin Chander Negi

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.35/2023 Date of Decision: 18th December, 2025. Shiv Singh Chauhan and Ors. .....Petitioners Versus Anil Manrao ...Respondent Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Neel Kamal Sood, Sr. Advocate with Mr. Amir Khan, Advocate. For the Respondent: Mr. Surender Sharma, Advocate. Bipin Chander Negi, Judge (oral). The present petition has been preferred against the impugned order dated 16.09.2022, passed by the learned Senior Civil Judge, Kasauli, District Solan, HP, whereby an application filed under Order VII Rule 11 read with Section 151 of the CPC, filed by the present petitioners/defendants has been rejected. 2. Heard counsel for the parties and perused the impugned order and the documents appended along with the present petition. 3. It is a well settled position of law that while considering an application under Order VII Rule 11 read with Section 151 CPC, all that has to be considered is the plaint and the documents appended along with the plaint, nothing other than the aforesaid has to be considered. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 4. From the impugned order, it is absolutely evident that the learned trial Court, post-examination of the plaint filed in the case at hand, has found no merit in the application filed under Order VII Rule 11 CPC. I see no valid reason to interfere with the impugned order, therefore, the present petition is dismissed being devoid of merit, so also the miscellaneous pending applications, if any 5. Parties are directed to appear before the learned trial Court on 05.01.2026. (Bipin Chander Negi) Judge 18th December, 2025 (Gaurav Rawat)