Bikramjit Ahluwalia vs Avnija Ahluwalia (Minor) Thr Next … on 14 February, 2017

1. Bikramjit Ahluwalia, appellant/defendant no.1, has challenged

the order dated 21.04.2016 passed in I.A No. 1360/2012 in CS (OS)

No. 2202/2011 whereby the application preferred by him under Order

VII rule 11 CPC for rejection of the plaint of the minor plaintiff

(Avnija Ahluwalia through her mother) has been rejected. Though the

challenge, initially, was against the entire order whereby the

application for rejection of plaint was dismissed with actual costs; the

FAO(OS) 173/2016 Page 1 of 17
actual cost being what had been incurred by the plaintiff from the date

of filing of the application under Order VII Rule 11 CPC till the date

of its dismissal, but finding no fault with the order dismissing the

prayer for rejecting the plaint, a limited notice to the respondent was

issued on the question of imposition of “actual cost”.

Source: Indian Kanoon

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