LAWS(KAR)-2015-2-441

B.S. SRINGESHWARA RAO Vs. N.S. MADHAVA

Decided On February 11, 2015
B.S. Sringeshwara Rao Appellant
V/S
N.S. Madhava Respondents

JUDGEMENT

(1.) The order passed on I.A. No. 2 in O.S. 2034/2011 dated 22.09.2012 on the file of the Principal Civil Judge, Jr. dvn., Mysore is called in question in this writ petition by the defendant/petitioner.

(2.) For the sake of convenience. The parties are referred to as per their rank in the trial Court.

(3.) The plaintiff sought a decree in O.S. No. 2034/2011 on the file of Principal Civil Judge, Jr. dvn., Mysore in a sum of Rs. 2,97,596.55 against the defendant claiming that in the year 2007 the defendant borrowed a sum of Rs. 6,00,000/ - in cash from him and issued a cheque for the said sum and upon the dishonor of the cheque, filed a criminal case which was concluded by order dated 3.2.2011 directing the defendant to pay a sum of Rs. 6,30,000/ - and this claim is towards claiming interest on the amount of Rs. 6,00,000/ -. The defendant filed written statement and contested the suit. In the said proceedings, an application under Order VII Rule 11(a) & (d) CPC was filed by the defendant seeking for rejection of the plaint which was objected by the plaintiff. After hearing the rival arguments of the learned counsel appearing for the parties, the learned Civil Judge by order dated 22.09.2012 dismissed the application filed by the defendant against which this writ petition is filed by the defendant challenging the legality and correctness of the said order.