JUSTICE CHETTUR SANKARAN NAIR Vs. MADHU VADAKKEPATT

JUDGEMENT

(1.) The petitioner received summons from the learned Munsiff's Court, Alathur, regarding institution of O.S.No.262/2021 on its files by the 1st respondent herein against him; and immediately moved the said Court for rejection of the plaint, under Order VII Rule 11 of the Code of Civil Procedure (CPC).

(2.) The specific case of the petitioner is that the plaint instituted by the 1st respondent is incompetent because, inter alia, it does not disclose a valid cause of action; that the claim impelled therein is contrary to his own stand earlier taken by the said respondent in Ext.P1 Suit; that the statements contained therein will render the Suit to be barred in law; and hence that its prosecution amounts to abuse of processes of law.

(3.) The petitioner asserts that, unfortunately, the learned Munsiff, without understanding the true ambit of Order VII Rule 11 of the CPC, refused to even consider his application on its merits, as manifest from Ext.P11, holding that his contentions can be evaluated only after "full-fledged trial in the suit" (sic) .