LE CHATEAU BUILDERS Vs. SHANKARLAL SONTHALIA

JUDGEMENT

(1.) These revision petitions are filed under Sec. 115 of Code of Civil Procedure (for short, 'CPC') by the petitioners/defendant Nos.3 and 4 challenging the order dtd. 7/9/2022 passed by the 16th Additional City Civil and Sessions Judge, Bangalore in O.S.Nos.7047/2021 and 7046/2021 whereby IAs. filed by the defendants under Order 7 Rules 11(a) and (d) of CPC for rejection of the plaint are dismissed.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial court.

(3.) The plaintiffs have filed a suit for specific performance of the contract dtd. 13/1/1998. After service of summons, defendants appeared through counsel and defendant Nos. 3 and 4 filed application under Order 7 Rule 11 seeking rejection of the plaint and also sought for filing the written statement. The trial court, by order dated, 7/9/2022 rejected the applications filed under Order 7 Rule 11 of CPC and permitted the defendants to file written statement. Being aggrieved by the rejection of the applications, defendant Nos. 3 and 4 have filed these revision petitions.