J LILI JABAKANI Vs. T A CHANDRASEKHAR

JUDGEMENT

(1.) THE petitioners put in issue the order of the trial Court non-suiting the petitioners for the relief sought for in I.A.No.18151 of 2004 which was filed with a prayer to reject the plaint in O.S. No.2345/2003 on the file of XVI Assistant Judge, City Civil Court, Chennai.

(2.) THE respondent herein filed the suit for a declaration that the sale deeds executed by him are non-est and unenforceable and were obtained by the playing fraud by the petitioners and also for permanent injunction restraining the petitioners from alienating the suit property till the disposal of the suit.

(3.) RULE 11 of the Order VII of the Code of Civil Procedure provided that a plaint could be rejected (1) if the plaint did not disclose a cause of action(2) where the relief claimed was undervalued and the plaintiff, on being required by the Court to correct the valuation within the time to be fixed by the Court, failed to do so(3) where the relief claimed was properly valued, but the plaint was written upon a paper insufficiently stamped and the plaintiff, on being required by the Court to supply the requisite stamp paper within a time to be fixed by the Court failed to do so(4) where the suit appeared from the statement in the plaint to be barred by any law(5) where the plaint was not filed in duplicate and where the plaintiff failed to comply with the provisions of RULE 9.The proviso appended to the above provision provided for extension of time for complying with the corrections pointed out by the Court, on reason being recorded.