S MARTIN Vs. AKSHAYA TEXTILES LTD

JUDGEMENT

(1.) WHETHER a suit filed by a party to an Agreement to restrain the other party from enforcing the provisions of the Agreement can be rejected at the threshold without approaching the trail Court by invoking Order 7 Rule 11 C.P.C., and that too at the instance of the other party to the contract, who himself filed another suit to enforce the provisions of the very same Agreement, is the core issue to be decided in this civil revision."

(2.) THE Civil Revision Petition in C.R.P.No.3162 of 2008 is directed against the suit in O.S.No.235 of 2008 on the file of the learned District Judge, Coimbatore and the relief is to reject the plaint.

(3.) FOR the sake of convenience, the parties are referred to in the same order in which they were referred to before the trial Court. The facts C.R.P.No.3161 of 2008: