FERDOUS FINANCE P LTD Vs. R THYAGARAJAN CHENNAI

JUDGEMENT

(1.) THE first defendant has moved this court under Order 7 Rule 11(a) of the Civil Procedure to reject the plaint on the ground that the plaint does not disclose any cause of action against him. Heard Mr. T.K. Seshadri, learned counsel appearing for the applicant/first defendant and Mr. R. Thiagarajan, learned counsel for the respondent/plaintiff. In this order hereinafter, I will refer the parties to this application, as the plaintiff and the first defendant.

(2.) THE suit is to recover money due under a promissory note dated 22.3.2001. THE fourth defendant is a private limited company, of which defendants 1 to 3 are shown to be Directors. THE plaint allegation is that the first defendant is the Chairman while defendants 2 and 3 are the Managing Director and Director respectively of the fourth defendant company. THE grounds on which the first defendant wants the plaint to be rejected are as follows; "

(3.) FOR all the reasons stated, I find that the plaint does disclose a cause of action against the first defendant. It cannot be said that by any stretch of imagination that the plaintiff has no case at all to argue. Therefore I find that no case is made out for rejecting the plaint under Order 7 Rule 11(a) of the Code of Civil Procedure. The application is accordingly dismissed.