S.SARAVANAN Vs. M.DHANALAKSHMI

JUDGEMENT

(1.) The Civil Revision Petition is directed against the order passed in unnumbered I.A.No... of 2020 in O.S.No.217 of 2019, dtd. 5/2/2021 on the file of the I Additional District Court, Madurai, rejecting the petition filed for rejection of plaint, under Order 7 Rule 11 of the code of Civil Procedure.

(2.) The revision petitioners are the defendants and the respondents/plaintiffs have laid the above suit in O.S.No.217 /2019, claiming the reliefs of declaration and for permanent injunction. The revision petitioners/defendants have filed their written statement and are contesting the suit. Pending trial, the defendants have filed a petition under Order 7 Rule 11 (d) CPC to reject the plaint. The learned trial Judge, upon hearing the learned counsel for the revision petitioners/defendants, has passed the impugned order, dtd. 5/2/2021, rejecting the petition. Aggrieved by the order of rejection, the defendants have come forward with the present revision.

(3.) It is evident from the records that the learned trial Judge, after filing the above petition under Order 7 Rule 11 CPC, without taking the petition on file and without hearing the plaintiffs side, has rejected the petition. No doubt, the impugned order does not affect the plaintiffs in any way. But this Court is constrained to say that when the parties to the lis are very much before the Court, in an application filed by any party, generally the Court is expected to hear the other side and for that purpose, the Court has to necessarily take the petition on file.