P.L.N.SWAMY Vs. MARUDEVAMMA

JUDGEMENT

(1.) This petition is directed against the common impugned order dtd. 14/12/2022 passed in O.S.No.1013/2010 by the II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, whereby the application - I.A. No.7 filed by the petitioner-defendant No.7 under Order VII Rule 11(a) and (d) of the Code of Civil Procedure, 1908, seeking rejection of the plaint was rejected by the Trial Court and I.A. No.8 filed by the plaintiff under Order VI Rule 17 of CPC for amendment of the plaint was rejected by the Trial Court.

(2.) Heard the learned counsel for the petitioner and the learned Senior Counsel for respondents No.1 to 5 and perused the material on record.

(3.) The material on record discloses that respondents No.1 to 5-plaintiffs instituted the aforesaid suit against the petitioner-defendant No.7 and other defendants for partition and separate possession of their alleged share in the suit schedule immoveable property. In the said suit, the petitioner, who was arrayed as defendant No.7, not only filed his written statement contesting the suit but also filed the instant application I.A. No.7 under Order VII Rule 11 of CPC seeking rejection of the plaint. Subsequent to I.A.No.7 being filed by the petitioner- defendant No.7, respondents No.1 to 5-plaintiffs filed an application - I.A. No.8 seeking amendment of the plaint. Both the application having been contested by opposite parties, the Trial Court proceeded to pass the impugned order whereby I.A. No.7 filed by the petitioner was rejected and I.A.No.8 filed by respondents No.1 to 5- plaintiffs was allowed. Aggrieved by the impugned order rejecting I.A. No.7, the petitioner is before this Court by way of the present petition.