Requesting for Commission while pendency of Order 7 Rule 11 Application
Plaintiff brings a totally frivolous suit of injunction against defendant praying the Court to refrain the defendants form disturbing the peaceful enjoyment of their property which they are in possession of! The fact is that the plaintiffs are not at all in possession of the impugned property.
The defendant files an application under Order 7 Rule 11 for want of cause of action on the part of the plaintiffs. Can the defendant simultaneously file an application before the Court for sending commission for a factual fact finding purpose?
