S. KUMAR Vs. V. RAVIKUMAR

JUDGEMENT

(1.) The Appeal Suit has been instituted under Sec. 96 of the Code of Civil Procedure against the Fair and Decreetal order passed in I.A.No.4 of 2020 in O.S.No.610 of 2019 dtd. 5/3/2022.

(2.) The appellate is the plaintiff, who instituted a Suit for Declaration and Permanent Injunction. During the pendency of the Suit, the respondent / defendant filed an Interlocutory Application in I.A.No.4 of 2020 to reject the plaint under Order VII Rule 11 of the Civil Procedure Code. The Trial Court adjudicated the issues raised between the parties and allowed the Interlocutory Application by rejecting the plaint.

(3.) The learned counsel appearing on behalf of the appellant mainly contended that the plaint averments are categorical and in the cause of action column, the plaintiff has narrated that the Power of Attorney was cancelled by the revision petitioner / plaintiff on 22/9/2015 by way of a registered document. The said document was not taken into consideration by the Trial Court. The Trial Court considered the Power of Attorney documents and other sale deeds executed by the defendant in the Suit and rejected the plaint.