GLEN RODRIGUES Vs. ADHUNIK METALS LTD.

JUDGEMENT

(1.) The Petitioner, who is Defendant before the Court below, has filed the present CRP challenging the Order Dated 29.06.2013 passed by the Learned Civil Judge (Senior Division), Rourkela in C.S. No. 387 of 2010 rejecting the petition filed by the Petitioner under Order 7, Rule-11 of the Code of Civil Procedure. The Petitioner being the Defendant, entered his appearance in the suit & filed written statement, inter alia, on the ground that there is no cause of action or any basis for institution of the suit & there was no contract between the Plaintiff & Defendant. The Petitioner thereafter, filed a petition under Order-7, Rule-11 CPC for rejection of the plaint on the ground that there is absolutely no cause of action to file the suit against the Petitioner & there is no privity of contract between the parties. The present Opp. Party, who is the Plaintiff before the lower Court, filed objection to the aforesaid petition.

(2.) The Learned Court below, after hearing Learned Counsel for the parties, rejected the petition filed by the present Petitioner holding that, there is sufficient ground to file the suit & there is ample cause of action & the petition filed on behalf of the Defendant deserves to be dismissed & the petition stands dismissed being devoid of any merit.

(3.) Learned Counsel for the Petitioner relies on the case of Church of Charitable Trust & Educational Charitable Society v. M/s. Ponniamman Educational Trust, 2012 AIR(SC) 3912 to substantiate his contention that the suit cannot proceed either for specific performance or for recovery of money, as no cause of action has been mentioned in the plaint.