SAPNA GANGLANI Vs. R S ENTERPRISES

JUDGEMENT

(1.) THE petitioner Nos. 1 and 2 herein who are respectively defendant Nos. 1 and 2 in O. S. No. 25177/07 before the learned xxviiith Additional City Civil Judge, (CCH No. 29), Mayohall, Bangalore, (Hereinafter referred to as "the learned Judge") has challenged the legality and correctness of the order dated 21. 11. 2007 passed in the said case insofar as it relates to rejecting of the application filed under Order VII, Rule (ll) (d) of CPC by these petitioner-defendants seeking rejection of the plaint in the said case.

(2.) STATED in brief, the facts leading to this revision petition are: respondent No. l herein viz. , M/s. R. S. Enterprises, a registered partnership firm, field the said suit against both the petitioners 1 and 2 and one Mr. N. Madhusudhan Reddy, respectively as defendant Nos. l to 3 seeking the relief of specific performance of contract dated 10. 3. 2006 entered into between the petitioner-defendants and the respondent-plaintiffs 1 and 2. After the petitioner-defendants appeared in the said suit they filed their application under Order VII, Rule 11 (d) of CPC seeking rejection of the plaint. The Learned Judge, by passing the impugned order, rejected the said application. The legality and correctness of the same is challenged in this revision petition.

(3.) THOUGH this matter is listed today for admission, it is taken up for final disposal by consent of the learned Counsel for both the parties and their arguments are heard. All the documents produced by the respective parties and the entire material available in the Lower Court records are perused.