MANIKANDAN Vs. N V SUNIL KUMAR

JUDGEMENT

(1.) The civil revision petition is directed against the order dated 22.07.2005 made in I.A. No. 3 of 2005 in O.S. No. 943 of 2004 on the file of First Additional District Judge, Coimbatore, in and by which the learned Judge dismissed the said application as well as another connected application, viz., I.A. No. 2 of 2005.

(2.) Third defendant in the said suit filed I.A. No. 3 of 2005 before the Court below praying for rejection of the Plaint. It is further seen that the other defendants, viz., D.1 and D.2 filed I.A. No. 2 of 200 5 for the same relief. The learned District Judge, after going through various averments in the Plaint as well as the defence taken in the written statement and in view of the statutory provision, viz., Order 7 Rule 11 (d) of Code of Civil Procedure, found that the defendants have not made out a case for rejection of Plaint at this stage, dismissed both the petitions. Aggrieved by the said order, the third respondent alone filed the present revision.

(3.) Heard the learned Counsel for the petitioner.