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2023 Supreme(Kar) 291

H. P. SANDESH
G. S. Mahendra, S/o Late M. Siddiah – Appellant
Versus
Komala, W/o Srinivasa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri B.S. Raghu Prasad, Advocate
For the Respondent:Smt. Latha Shetty, Advocate

ORDER :

This revision petition is filed challenging the order dated 21.04.2023 passed on I.A.No.3 filed under Order VII Rule 11 read with section 151 of CPC in O.S.No.439/2022.

2. The factual matrix of the case of the plaintiff before the Trial Court is that the defendants have obtained the document of release deed by misrepresentation and fraud. Hence, sought for the relief of cancellation of registered release deed dated 01.07.2019 as well as other reliefs.

3. The defendants appeared and filed an application under Order VII Rule 11 read with Section 151 of CPC praying the Court to reject the plaint as there is no cause of action, Court fee paid is insufficient and plaint being not verified and not filed in accordance with law. In support of this application, an affidavit is sworn to by defendant No.1 contending that the plaintiff is his younger sister who is currently in Bengaluru and no proper verification of the plaint since it reflects that she has signed the plaint in Australia but it is filed at Bengaluru and verifying affidavit is also deposed at Australia and not at Bengaluru which is irregular, illegal and not in accordance with law. It is also further sworn to that since sh

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