LAKSHMAN Vs. SRI SAI DEVELOPERS AND ORS.

JUDGEMENT

(1.) This petition is filed by the petitioner -plaintiff challenging the order dated 07.11.2015 passed by the the Senior Civil Judge and JMFC at Anekal, on the application I.A. No. 3 filed by defendant No. 3, who is respondent No. 1 herein, seeking rejection of the plaint.

(2.) Heard the learned counsel appearing for the petitioner and also the learned senior counsel appearing on behalf of learned counsel on record for the respondent No. 1.

(3.) Learned counsel for the petitioner has submitted that the order passed by the Trial Court is a partial rejection of the plaint i.e., rejection of plaint as against defendant No. 3 only, which is unknown to law and on this ground itself the said order is to be set -aside. He has further submitted that the petitioner -plaintiff has filed the suit for recovery of money, which he has paid in respect of purchase of the property from defendant No. 1. He has also submitted that defendant Nos. 1 and 3 with an intention to cause loss to the petitioner -plaintiff created the documents i.e., agreement of sale. Hence, he has submitted that these transactions in between the defendants are collusive in nature and they are not binding on the petitioner -plaintiff. Hence, petitioner -plaintiff claimed to direct the defendants to pay a sum of Rs. 12,34,50,000/ - with future interest at the rate of 18% p.a.