HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 9821 of 2023 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. This petition has been filed challenging the revisional order dated 25.07.2023 passed by the Additional District Judge, Court No. 6, Bulandshahar by which the revision filed by defendants against an order rejecting an application under Order VII Rule 11 of C.P.C. has been allowed and the matter has been remanded to the trial court to decide the application under Order VII Rule 11 of C.P.C. afresh. 2. It has been contended by learned counsel for the petitioners that the direction given by the revisional court to decide the application under Order VII Rule 11 of C.P.C. in view of judgment in case of Ramisetty Venkatanna vs Nasyam Jamal Saheb reported in Live Law SC 372, is erroneous as the judgment in the aforesaid case was on a different facts and will not be applicable in the present case. 3. Learned counsel for the respondents has submitted that petition has been filed against an order of remand by which only a direction was issued to decide an application under Order VII Rule 11 of C.P.C. 4. I am of the view, though the revisional court has directed to decide the application in view of judgment of Ramisetty Venkatanna vs Nasyam Jamal Saheb (supra), according to the revisional order, the petitioners will be at liberty to submit before the trial court regarding non-applicability of the judgment referred by the revisional court and will also have liberty to produce other judgments on the issue decided by this Court as well as by the Hon'ble Supreme Court and the court below is directed to decide the Versus Counsel for Petitioner(s) : Ishir Sripat, Sr. Advocate Counsel for Respondent(s) : Akhilesh Tripathi, Ashutosh Tripathi Nagar Panchayat Aurangabad Pargana Baran Tehsil Sadar And Another .....Petitioner(s) Balchand And 4 Others .....Respondent(s) application under Order VII Rule 11 of C.P.C. in accordance with law. 5. With these observations, the petition is disposed of. September 11, 2025 Nitika Sri. A227 No. 9821 of 2023 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad