PANCHSILA HOSPITALITY VENTURES LTD Vs. PRANEETA SONI

JUDGEMENT

(1.) PRESENT revision petition has been filed seeking to set aside order dated 24th December, 2008 passed by learned Additional District Judge whereby petitioners' application under Order 7 Rule 11 (d) read with Section 151 of Code of Civil Procedure, 1908 (hereinafter referred to as "cpc") was dismissed.

(2.) MR. Arun Khosla, learned Counsel for petitioners contended that documents relied upon by respondent/plaintiff including alleged sale deed dated 26th July, 2007 clearly show Rs. 3,000/- as monthly rent of the demised premises and the trial court cannot mechanically proceed with the suit on a mere assertion in the plaint that monthly rent was in excess of Rs. 3,500/-without any documentary evidence in support of such an assertion. In this connection, Mr. Khosla referred to following documents:-

(3.) MR. Khosla submitted that where plaint is based on a document, the court would be entitled to consider the said document and ascertain whether a cause of action is disclosed in the plaint. He further submitted that even where fraud is pleaded, the plaint has to be read in conjunction with documents relied upon in order to ascertain if a cause of action is disclosed. In this connection, he relied upon the following judgments:-