BANGALORE DEVELOPMENT AUTHORITY Vs. VYSYA BANK LIMITED BANGALORE

JUDGEMENT

(1.) THIS revision by the defendant in O. S. No. 7738 of 2002 on the file xvi Additional City Civil and Sessions Judge, Bangalore City, is directed against the order dated 3-1-2003 dismissing LA. No. III filed by the petitioner under Order 7, Rule 11 (a) and (d) of the CPC. The respondent herein filed the suit O. S. No. 7738 of 2002 on the file of City civil Judge, Bangalore City on 16-11-2002 seeking for the following reliefs:

(2.) IN the said suit, summons was issued to the defendant and defendant was served with notice. Defendant appeared and filed an application-I. A. No. III under Order 7, Rule 11 (a) and (d) averring that the averment made in the plaint does not disclose cause of action for the relief of perfection of title by adverse possession and that the relief that is sought in the suit being counter destructive is not permissible in law and wherefore, the plaint is liable to be rejected.

(3.) THE plaintiff filed objections to the said application. The Trial court after considering the contention of the learned Counsels appearing for the parties and the material on record by its order dated 3-1-2003 dismissed I. A. No. III and being aggrieved by the said order, the defendant has preferred this revision under Section 115 of the CPC.