POONAM ENGINEERING WORKS Vs. DELUX BEARINGS LTD

JUDGEMENT

(1.) RULE. Learned advocate Mr. Y. J. Jasani waives service of notice of Rule on behalf of the respondent. The present petition has been preferred against the order dated 10th September, 2007 below exh. 18 in Civil Suit no. 1832 of 2007 passed by the City Civil Court, Ahmedabad. The aforesaid application was preferred by the present petitioner (original defendant)under Order 7 Rule 11 of the Code of Civil Procedure Code read with section 151 of the Code of Civil Procedure mainly on the ground that the Court has no jurisdiction and therefore, the plaint ought to be rejected. There is no disclosure of the cause of action and therefore, the plaint ought to be rejected. This application has not been accepted by the trial court and the same has been dismissed. The petitioner (original defendant)has therefore, preferred the present Special Civil Application.

(2.) HAVING heard the learned counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain the present petition. The order passed by the trial court is true, correct, legal and in consonance with the facts of the case and judicial pronouncements, mainly for the following reasons:

(3.) IN view of the aforesaid decisions and looking to the plaint filed by the original plaintiff, especially paragraphs 20, 24 and 25 thereof, there is a disclosure of cause of action. The court is not in search of proof of those allegations at this stage. Hence, the impugned order passed by the trial court is true, correct and in consonance with facts and law. No error has been committed by the trial court in rejecting the application exh. 18 filed by the present petitioner (original defendant ). There is no substance in this petition. Hence, the same is dismissed. Rule is discharged with no order as to costs.