SARASWATHI Vs. C.N. KUMAR

JUDGEMENT

(1.) The petition is admitted for hearing. With consent of the parties the same is heard finally.

(2.) In this petition, petitioners assailed the validity of the order dated 21.10.2017 passed by the trial Court by which, application preferred by the petitioners under Order 7, Rule 11(a) of Code of Civil Procedure is rejected.

(3.) Facts giving rise to filing of this petition in this case is, respondent filed a suit seeking the relief of permanent injunction as well as mandatory injunction. Petitioners filed an application under Order 7, Rule 11 (a) of Code of Civil Procedure, seeking rejection of the plaint on the ground that plaint does not disclose any cause of action. Respondent also filed an application under order VI Rule 17 of the Code of Civil Procedure, by which permission of the trial Court was sought to add Para 7(a) disclosing the cause of action. Petitioners thereupon moved a memo seeking to keep the application under Order 6, Rule 17 or the Code of Civil Procedure in abeyance till the disposal of the interlocutory application filed by the petitioners under order VII Rule 11(a) of Code of Civil Procedure.