C J INTERNATIONAL HOTELS LTD Vs. SUZANNE LENATZ

JUDGEMENT

(1.) This appeal is directed against the order and judgment dated 9th July, 2007 passed by the learned Single Judge rejecting application IA No.8517/2000 under Order VII, Rule 11 read with Order 1 Rule 10(2) of Code of Civil Procedure.

(2.) The said application was filed by the appellants herein on two grounds. Firstly, the defendants 1, 2 and 3 should be deleted from the array of parties as no cause of action has been made out against them and they are not proper or necessary parties to the suit. The second ground which was raised in the aforesaid application was that the suit against the said defendants, the appellants herein is barred by limitation.

(3.) Both the pleas raised before the learned Single Judge were considered and by a detailed reasoned order stand rejected. It has been held that on examining the averments in the plaint, it cannot be said that the plaintiffs have not made out a case or have failed to establish existence of cause of action against the appellants.