R RAGHUNATHA REDDY Vs. R RAMAKRISHNA REDDY

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of order dated 19-8-2011 in I.A.No.52/2011 in O.S.No.5/2011 on the file of the learned I Additional District Judge, Chittoor.

(2.) THE petitioners are defendants in the above noted suit filed by the respondent for declaration of title and permanent injunction. THE petitioners filed I.A.No.52/2011 under Order VII Rule 11(a) and Section 151 of the Code of Civil Procedure, 1908 (for short "the Code") seeking rejection of the plaint on the ground that the same does not disclose cause of action. THE lower Court rejected the said application. Hence, the petitioners filed the present Civil Revision Petition.

(3.) IN order to attract the provisions of Order VII Rule 11(a) of the Code for rejection of the plaint, the defendants shall satisfy the Court that the plaint does not disclose cause of action at all. IN the present case, the respondent/plaintiff sought for both declaration of title and perpetual injunction. Even though paragraph-8 of the plaint relating to cause of action has not included the averment relating to title, the said paragraph contains sufficient pleadings in respect of permanent injunction.