BOWRING INSTITUTE Vs. K.JAYANNA

JUDGEMENT

(1.) THE petitioner is the first defendant in O.S.No.25234/2012. THE petitioner had filed an application under Order 7 Rule 11 (a) & (c) CPC, interalia contending that the instant suit (O.S.No.25234/2012) does not disclose cause of action and earlier suit filed by the plaintiff in O.S.No.25378/2011 was withdrawn without seeking liberty to file a fresh suit and the instant suit is filed on the same cause of action. THE learned trail judge has dismissed the application. THErefore, the first defendant is before this court.

(2.) I have heard Sri.B.K.Sampathkumar, learned counsel for petitioner and Sri.Ravi B.Naik, learned Senior Counsel for first respondent. I have been taken through copies of plaints in O.S.No.25378/2011 and O.S.No.25234/2012 (instant suit).

(3.) IN the disciplinary enquiry held against plaintiff for his alleged misbehavior with Smt.Nawab Marzia Begum on 16.11.2010, the Disciplinary Committee recommended that plaintiff shall be removed from the membership. The recommendation made by the Disciplinary Committee on 01.05.2011 for removal of plaintiff from the membership was approved by the Managing Committee vide its resolution dated 02.05.2011.