2025:HHC:31683 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.192 of 2023 Decided on: 15.09.2025 Hoshiyar Singh … Petitioner Versus Jai Prakash & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Chaman Negi, Advocate. For the respondents : Mr. P.K. Verma, Advocate, vice Mr. Kul Bhushan Khajuria, Advocate, for respondent No.1. No notice issued to respondents No.2 and 3. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner is aggrieved by order dated 10.01.2023, in terms whereof, an application filed by the petitioner under Order 7, Rule 11 of the Civil Procedure Code was dismissed. The impugned order reads as under:- “Case appears to be fixed for filing of reply to pending CMA under Order 6 Rule 17 CPC s/w under Order 1 Rule 10 (4) CPC. As well as reply to another CMA under Order 7 Rule 11 CPC preferred by other party, i.e. newly substituted defendant no 3/applicant. Since in the original plaint no relief is sought against newly substituted defendant and application for amendment of the plaint after substitution of defendant 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:31683 No. 3. is still pending for adjudication. CMA under Order 7 Rule 11 CPC appears to be premature. As fairly conceded by the applicant and thus the same is allowed to be dismissed as withdrawn for not being pressed with liberty to exhaust appropriate remedy at appropriate stage Be tagged with main case file after due competition.” 2. A perusal of the order demonstrates that the application was dismissed as withdrawn not being pressed at said stage, with liberty to exhaust appropriate remedy at the appropriate stage. 3. This Court is of the considered view that as liberty was granted to the petitioner to exhaust remedy at the appropriate stage and the application was allowed to be withdrawn being pre-mature, there is no need to interfere with the said order and accordingly, this petition is dismissed. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 1 5 , 2025 (Rishi)