JUDGMENT :

1. It is an application under Section 115 of the Civil Procedure Code, 1908 (for short, “CPC”), taking exception to the order dated 09.10.2007, passed by the Learned Civil Judge, Senior Division, Baramati, in Special Summary Suit No. 30 of 2007.

2. The applicant-defendant filed an application under Order 7, Rule 11(d) r/w., Order 23, Rule 3 and 4(b) of the Civil Procedure Code, 1908 and urged for rejection of plaint. Order 7, Rule 11 (a) to (d) reads as under :

"11. Rejection of Plaint – The plaint shall be rejected in the following cases:-

(a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to so correct the valuation within a time to be fixed by the Court, fails to do so;

(c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp paper within a time to be fixed by the Court, fails to do so;

(d) where the suit appears from the statement in the plaint to be barred by any law”.

3. It is applicant's case that the Respondent-Plaintiff had instituted Summary Suit