SOWMYASHREE Vs. RAMANJINAPPA

JUDGEMENT

(1.) Assailing the legality and correctness of the order dtd. 26/3/2022 passed on I.A. filed under Order VII Rules 11(a) and 11(d) read with Sec. 151 CPC in O.S.No.829/2020 on the file of the Additional Senior Civil Judge and JMFC, Devanahalli ('the Trial Court' for short), the present First Appeal is preferred by the plaintiffs. By the impugned order, the Trial Court rejected the plaint.

(2.) Brief facts:

(3.) Defendant No.19, who is the purchaser of the suit property i.e., Sy. No.101/2 measuring 30 guntas, filed an application under Order VII Rules 11 (a) and 11 (d) CPC, seeking rejection of the plaint. The application was objected by the plaintiffs. By the impugned order, the Trial Court rejected the plaint holding that the cause of action pleaded in the plaint is imaginary and unsustainable, noting that the plaintiffs merely stated that the cause of action arose on 4/10/2020 without substantiating the same. The Trial Court further observed that there are no pleadings as to how the suit property forms part of joint family estate, no details of any nucleus or income from the ancestral properties allegedly held by Sallappa. The Trial Court considering the law laid down by the Apex Court in the case of The Church of Christ Charitable Trust & Educational Charitable Society represented by its Chairman vs M/s Ponniamman Educational Educational Trust represented by its Chairperson/Managing Trustee[Civil Appeal No.4841/2012](Ponniamman), the Trial Court concluded that the plaint, on its bare reading, does not disclose the cause of action and accordingly proceeded by the impugned order to reject the plaint.