MAHAMMED FAYAZ ALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Additional Government Advocate for the respondent.

(2.) The above petition is filed challenging the order dtd. 14/9/2022 passed by the Trial Court on I.A.1 filed in O.S.No.5/2020.

(3.) The respondent herein has filed O.S.No.5/2020 against the defendants therein seeking to recover a sum of Rs.43.58 crores as also cost of the suit jointly and severally from the defendants. The petitioner, who was arrayed as defendant No.1 entered appearance in the said suit and filed I.A.1 under Order VII Rule 11 of the Code of Civil Procedure ('CPC' for short) to reject the plaint against defendant No.1 since no cause of action arose to institute a suit against the petitioner/defendant No.1. The said application in I.A.1 was opposed by the respondent - State by filing statement of objections.