LAWS(DLH)-2009-1-69

ANIL NAMDA Vs. ESCORTS LTD

Decided On January 16, 2009
ANIL NANDA Appellant
V/S
ESCORTS LTD. Respondents

JUDGEMENT

(1.) The Appellants have filed the present appeal being RFA(OS) No. 44 of 2008 under Section 96 of the Code of Civil Procedure, 1908 (hereinafter to be referred as 'CPC') against the judgment and order dated 3rd July, 2008, by virtue of which the plaint filed by the Appellants has been rejected under Order VII Rule 11 Clauses (a) and (d) of the CPC.

(2.) It is pertinent to mention that the Appellants had filed the present suit praying for the following reliefs:-

(3.) The learned Single Judge by the impugned order has dismissed the suit filed by the Appellants on the grounds that firstly, mandatory leave under Section 92 of CPC had not been obtained by the Appellants prior to the institution of the suit and secondly, no relief personal to the Plaintiffs had been claimed in the plaint. The reasoning of the learned Single Judge in rejecting the plaint is reproduced hereinbelow:-