A.SARASWATHAMM Vs. Y.VENKATA NARAYANA REDDY

JUDGEMENT

(1.) This revision is filed under Article 227 of the Constitution of India questioning the order dated 01.08.2019 passed in I.A.No.428 of 2019 in O.S.No.191 of 2017 by the Principal Junior Civil Judge, Punganur, whereby the petition filed by the petitioner Under Order VII Rule 11 of Civil Procedure Code (for short "C.P.C.") and Section 151 of C.P.C. to reject the plaint, was dismissed.

(2.) The petitioner herein is the defendant and the respondent is the plaintiff.

(3.) The respondent-plaintiff filed the suit for recovery of amount based on transaction between the plaintiff and the daughter of petitioner-defendant by name A.Jyothi on 20.02.2017 for Rs.2,00,000/-, the suit is being contested. The petitioner-defendant's main contention is that the transaction between the daughter of the defendant and plaintiff is a special contract and after the death of A.Jyothi, the daughter of the petitioner-defendant on 14.03.2017, the transaction (contract) was ceased to exist. Therefore, the petitioner-defendant being the legal heir along with others cannot be proceeded for recovery of the amount. It is also specifically contended that there is absolutely no cause of action against the petitioner- defendant to file the suit based on forged and fabricated cheque said to have been issued by A.Jhothi during her lifetime drawn on Ing Vysya Bank, Punganur branch. Therefore, the plaint is liable to be rejected under Order VII Rule 11 of I.P.C.