(1.) This Second Appeal is filed against the divergent finding of the First Appellate Court passed in R.A.No.9/2023 dtd. 30/10/2023 on the file of Prl. Senior Civil Judge and CJM, Mangaluru.D.K in allowing the appeal and setting aside the order passed by the Trial Court in allowing the application filed under Order 7 Rule 11(d) of CPC.
(2.) This second appeal listed for admission and with the consent of both the counsel, heard the appeal on merits.
(3.) The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.