GAYATHRI Vs. THANISHKA PAUL

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the petitioner.

(2.) In this revision petition, the petitioner has assailed the order of rejection of an application filed under Order 7, Rule 11(a) of CPC vide order dtd. 2/3/2022 passed in O.S.No.306/2016 on the file of II Additional Senior Civil Judge & JMFC, Kolar.

(3.) The main contention of the learned counsel appearing for the revision petitioner before the Trial Court invoking Order 7, Rule 11(a) of CPC is that there is no cause of action to file a suit and contending that the Release Deed was executed by defendant No.3 in favour of defendant No.1 and the same is admitted by the plaintiff. The third defendant has relinquished his rights in respect of the suit schedule properties by receiving a sum of Rs.3.00 Lakhs. Hence, there is no cause of action. The Trial Court has committed an error in coming to the conclusion that with regard to execution of the Release Deed is concerned, there is a dispute and the disputed fact has to be ascertained only after the trial and the matter requires to be tried and without recording the evidence, the same cannot be decided. The very approach of the Trial Court is erroneous.