C R SHANTHARAJ Vs. C K KUMARASWAMY

JUDGEMENT

(1.) THIS civil revision petition under Section 115 of the Code of Civil Procedure is directed against the order dated 4-8-2007 passed on IA No. 10 in OS No. 5918 of 1988 pending before the I Additional City civil and Sessions Judge, Bangalore, where under the learned trial Judge had rejected the application filed under Section 151 of the code of Civil Procedure praying for dismissal of the suit as not tenable.

(2.) SUBMISSION of Smt. B. V. Nagarathna, learned counsel for the petitioner is that the rejection of the application by the trial Court is not proper, that if the application should have been allowed as sought for, that would have brought the suit to an end and therefore it is a case where this Court should interfere within the scope of the proviso to Section 115 of the Code of Civil Procedure.

(3.) WHILE technically submission made, may be correct and may bring it within the scope of proviso to Section 115 of the Code of Civil Procedure, an application under Section 151 of the Code of Civil Procedure within is a residuary provision is not an application that can be pressed into service for dismissal of the suit which if at all is to be dismissed after going through trial and if found to be meritless or under any express enabling provision under the Code of Civil Procedure itself.