POONAM GUPTA Vs. ANITA V KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 7th November, 2007 whereby the learned Single Judge dismissed the application filed by the appellants herein under Order VII Rule 11 of the Code of Civil Procedure.

(2.) THE respondent herein filed a suit seeking for a decree of specific performance in which an application was filed by the appellants-defendants under Order VII Rule 11 of the Code of Civil Procedure praying for rejection of the plaint on the ground that the transaction between the plaintiff and the defendants which is the subject matter of the suit and relied upon by the plaintiff is opposed to public policy and, therefore, the same is barred under section 23 of the Contract Act.

(3.) THE learned Single Judge considered the aforesaid application in the light of the facts of the case. Upon making reference to the various averments made in the plaint it was recorded by the learned Single Judge that in an application under Order VII Rule 11 of the Code of Civil Procedure what has to be looked into at that stage is only the averments made in the plaint and not the defence, which is raised by the defendants in the written statement filed.