PANTHERS SPORTS CLUB, REG REPRESENTED BY ITS SECRETARY, SRI. K. PREMKUMAR, S/O. KALAIAH Vs. SRI. M.P. ANAND, S/O. LATE M. PRABHAKAR

JUDGEMENT

(1.) THE petitioner/plaintiff filed a suit to declare that it is entitled to hold and enjoy the suit schedule property in terms of the Will. During the pendency of the suit, the 3rd defendant filed an application under Order VII Rule 1');">10 of the CPC seeking return of the plaint for presentation before the proper jurisdictional Court. By the impugned order, the Trial Court posted the said I.A. for enquiry. Aggrieved by the same, the present petition has been filed by the plaintiff. The learned Counsel for the petitioner contends that there is no necessity to hold an enquiry on this I.A. That the premise on which the application has been ordered for an enquiry is unsustainable. So far as the Court fee is concerned, what has been paid by the plaintiff is proper. Hence, no enquiry is required. He further contends that he has filed an application for injunction and the said application could have been considered on merits notwithstanding the consideration of I.A.III.

(2.) THE learned Counsel appearing for the 3rd respondent defending the impugned order contends that there is no error committed by the Trial Court which calls for interference.