LAWS(KAR)-2008-8-13

HANUMAPPA Vs. CHIKKANNAIAH

Decided On August 28, 2008
HANUMAPPA Appellant
V/S
CHIKKANNAIAH Respondents

JUDGEMENT

(1.) IN this appeal, preferred by the plaintiffs, the only question involved is, whether the Trial Court is right in holding that, the plaint under Order VII Rule 11 (a) & (d) of CPC was liable to rejection. By the impugned order, the Trial Court has rejected the plaint.

(2.) LEARNED counsel appearing for the plaintiffs / appellants contends that, if the plaint allegations containing the material facts are read together in proper perspective, 'a cause of action' has clearly been pleaded and the Trial Court has grossly erred in rejecting the plaint on the ground that, it does not disclose any cause of action. LEARNED counsel further contends that, the impugned order of the Trial Court is wholly erroneous, in stating that, Clause (d) of Rule 11 of Order VII CPC is also attracted.

(3.) THE Trial Court, considering the records and the arguments, by the impugned order, has rejected the plaint, against which this appeal has been preferred.