EDUCATIONAL CHARITABLE SOCIETY Vs. A RAMANATHAN

JUDGEMENT

(1.) CHALLENGE is made to an order of a learned single Judge of this Court dated 29.10.2008 made in Application No,4715 of 2008 in C.S.No,955 of 2004, whereby an application for rejection of plaint was dismissed.

(2.) THE Court heard the learned counsel on either side.

(3.) AFTER hearing both sides, the Court is of the considered opinion that the order of the learned single Judge cannot be interfered with. Admittedly, the power deed was executed on 27.01.1993, which was in force at the time when the sale agreement was entered into between the parties on 19.08.2004. On the strength of which, the plaintiff filed the suit C.S.No,955 of 2004 for the relief of specific performance and under such circumstance, the contention put forward by the 1st defendant, the owner of the property, that the power holder was not given the power of alienation or to create encumbrance on the property, could be decided only on appreciation of evidence and also on merits and thus, it could be clear that it is not a case, where an order of rejection could be made, applying Rule 11 of Order VII, Civil Procedure Code and hence, the learned single Judge was perfectly in correct in rejecting the application filed by the 1st defendant. Under such circumstances, the appeal has got to be dismissed since it does not carry any merit. Accordingly, the appeal fails and is dismissed, leaving the parties to bear their costs.