VINOD K.SHARMA, J. - (1.) PRESENT revision petition has been filed against the order dated 4.4.2005 passed by the learned Civil Judge (Junior Division), Gurgaon dismissing the application moved by the petitioner under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure (for short the Code).
(2.) THE petitioner herein had moved an application under Order 7 Rule of the Code on the plea that the suit filed by the respondent-plaintiff arises out of cause of action set out by the plaintiff in the plaint namely the alleged arbitrary and highhanded manner in which the inquiry has been carried out against the plaintiff in pursuance to the charge-sheet dated 21.2.2003 which according to the plaintiff-respondent was based on baseless allegations. The plaintiff-respondent in the suit had sought a declaration that the inquiry was arbitrary and bad in law and to abstain the inquiry officer to prepare any inquiry report on the basis of such inquiry and further restraining the petitioner herein from terminating the plaintiff on the basis of said inquiry. It was further the case of the petitioner that the said inquiry and proceedings in pursuance to the said charge-sheet were dropped on 21.2.2003 and therefore, the cause of action in the present suit has ceased to exist and the suit was rendered infructuous. It was further the case of the petitioner that the suit in the present form did not disclose any cause of action as on date and accordingly, it was prayed that it would be just and proper to reject the plaint under Order 7 Rule 11 read with Section 151 of the Code.
(3.) THE application filed by the petitioner was contested by the plaintiff- respondent and it was submitted that the application was totally mala fide and baseless and the same was filed simply to prolong and delay the case. It was further the case of the plaintiff-respondent that merely by dropping of inquiry proceedings in order to somehow bye pass the injunction order passed by this Court and with view to pressurise and harass the plaintiff-petitioner herein could not ask for rejection of the plaint.;