AJIT SINGH Vs. RAMESH VOHRA

JUDGEMENT

(1.) BY means of IA. No. 6264/02, defendant No. 2 prays for rejection of the plaint alleging that on the pleadings of the plaintiff, no cause of action has been shown against defendant No. 2.

(2.) UNDER Clause (a) of Order 7 Rule 11 CPC, a plaint is liable to be rejected where it does not disclose a cause of action. Learned Counsel for the plaintiff very fairly states that indeed, a plaint which discloses no cause of action against a defendant has to be rejected qua the said defendant.

(3.) VIDE para 1 of the plaint, plaintiff states that defendant No. 1 placed an order on him for supply of 600 pieces of Polyester Embroidered Odhanies. Price agreed per piece was US 14.5 (FOB), as stated in para 2 of the plaint. It is averred in para 3 of the plaint that plaintiff supplied the goods, delivery whereof was taken by defendant No. 1. Amount payable for the supply was US 9541.