BOWRING INSTITUTE A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT NO. 19, ST. MARKS ROAD BANGALORE -560001 Vs. SRI K. JAYANNA S/O LATE KRISHNAPPA AND OTHERS

JUDGEMENT

(1.) THE petitioner is the first defendant in O.S. No. 25234/2012. The petitioner had filed an application under Order 7 Rule 1');">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No. 25234/2012) does not disclose cause of action and earlier suit filed by the plaintiff in O.S. No. 25378/2011 was withdrawn without seeking liberty to file a fresh suit and the instant suit is filed on the same cause of action.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. 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).

(2.) THE suit in O.S. No. 25378/2011 was filed by the first plaintiff along with plaintiffs No. 2 to 5 viz., Altaf Ahamed, V.N. Prasad, Satya Kumar G.A. Iyengar and Shankar H. Shetty on 23.02.2011 for the following reliefs:

(3.) THE instant suit (O.S. No. 25234/2012) was instituted by the first respondent herein (lone plaintiff) against first defendant and others. In the instant suit, the plaintiff has sought for following reliefs: