KOTHANDARAMA NAIDU Vs. VASANTHA

JUDGEMENT

(1.) INVEIGHING and impugning the order dated 03.12.2007 passed by the learned VI Assistant Judge, City Civil Court, Chennai in I.A.No.16301 of 2007 in O.S.No,5518 of 2005, this civil revision petition is focussed.

(2.) A resume and epitome of the relevant facts, which are absolutely necessary and germane for the disposal of this revision would run thus: The respondents/plaintiffs herein filed the suit O.S.No,5518 of 2005 seeking the following reliefs:

(3.) AT this juncture, I would like to recollect and call up, the scope of Order 7 Rule 11 of the Code of Civil Procedure. The rejection of the plaint under the said provision would arise, if at all ex facie and prima facie from the averments in the plaint itself, the plaint could be rejected. If the circumstances are such that after entertaining evidence on both sides only on merits, the matter has to be decided then, the question of invoking Order 7 Rule 11 of the Code of Civil Procedure would not arise. The following decisions of the Honourable Apex Court could rightly be cited fruitfully.