VINAYAKA RESIDENTS WELFARE ASSOCIATION Vs. M RAMACHANDRA

JUDGEMENT

(1.) SRI Pramod N. Kathavi, learned counsel for the petitioner is permitted to carry out correction in the memorandum of civil revision petition to describe the rank of the petitioner before the trial Court as 5th defendant and not 6th defendant as indicated earlier.

(2.) THIS revision petition is by the 5th defendant in O. S. No. 4549/ 2000 pending on the file of the IX Additional City Civil Judge, bangalore, aggrieved by the order dated 2. 8. 2006 whereunder, the trial Court has rejected the petitioner's application-I. A. VIII filed under order VII Rule 11 (a) of CPC and has declined to reject the plaint as prayed for by the petitioner.

(3.) IT is questioning such an order, the present revision petition contending inter alia that the suit is virtually a frivolous and vexatious suit; that the 11 prayers (a) to (k) sought for in the plaint have absolutely no correlation to the plaint pleadings; that the revision petitioner impleaded as 5th defendant is not even a necessary party; that no averment is forthcoming in the plaint vis-a-vis prayer sought for against this petitioner and in such circumstances, when an application for rejection of the plaint has been filed, it should have been allowed.