S R VENKATAREDDY Vs. K S SHARIFF

JUDGEMENT

(1.) This appeal is listed for orders for acceptance of Counsel's submission on office objections regarding maintainability of the appeal.

(2.) I have heard the Learned Counsel appearing for the appellant

(3.) I have perused the impugned order and found that the Trial Court by order dated 22.8.08 posted the case to hear on the following point: "Whether several causes of action against several defendants joined in accordance with law?" and after hearing the parties on the said point, it has passed the impugned order holding that the composite suit against defendant Nos. 1 to 9 is clearly barred under Order 2, Rule 3 of CPC and joinder of several cause of action against several defendants in this composite suit will embarrass and it will definitely delay the trial. Further,It will cause inconvenience to the Court. Therefore, it is necessary to direct the plaintiff to file separate suits against each of the defendants. Hence, the Trial Court, by exercising the power under Order 2, Rule 3 of CPC, held that it is necessary to return the plaint to the plaintiff with a direction to file separate suits against each of the defendants. It is against this order the appeal is filed.