RAJEEV MAHESHWARI Vs. SHASHANK KOCHER

JUDGEMENT

(1.) This is an application inter alia for rejection of the plaint and/or dismissal of the suit and in the alternative for framing of a preliminary issue as to the maintainability of the suit in view of two orders respectively dated 5th September, 2007 and 13th March, 2012 passed subsequent to the filing of the suit made by the defendants No.1 and 2. Ordinarily, an application for rejection of plaint and/or dismissal of the suit filed in this Court under the provisions of Chapter VI Rule 11 (12) of the Original Side Rules of this Court is decided on the principles of Order 7 Rule 11 of the Code of Civil Procedure 1908 by looking into the averments made in the plaint and documents annexed thereto. In the instant case the suit has been filed in 1995. The plaint has fallen for scrutiny on several earlier rounds of the instant litigation.

(2.) When this Court did not think it fit to reject the plaint or dismiss the suit.

(3.) This instant application appears to be based on the subsequent events or post suit developments. Relying upon judgment reported in 2004 (11) SCC 168 [Shipping Corporation of India Ltd. versus Machado Brothers and Ors.] it is submitted that in view of subsequent events the original proceedings have become infructuous and it is the duty of the Court to take such action as is necessary in interest of justice which includes disposing of the infructuous litigation applying provisions of section 151 of the Code of Civil Procedure, 1908, read with the provisions of Order 7 Rue 11 thereof. I am, therefore, required to consider the impact of the two orders referred to hereinabove along with the subsequent events while deciding the instant application.