The defendant who was unsuccessful in getting the plaint rejected on his application filed under Order 7 Rule 11 on the ground of non disclosure of cause of action is before us. The subject matter of the suit is proposed construction of a 240 meter tall tower having sixty floors to the west of Fountain Court where the respondent/plaintiff have residential complex, leaving a distance of only sixty seven feet in between the two properties. On the application filed by the defendant learned Judge made an elaborate discussion by referring to several citations referred to by both sides and ultimately opined that the plaint cannot be rejected on the ground of non disclosure of cause of action.

2. Aggrieved by the same the defendant/appellant is before us contending that none of the pleadings averred in the plaint would disclose such cause of action which amounts to actionable nuisance and, therefore, the learned Judge ought not to have dismissed the application. According to appellant though learned Judge observed that none of the annexures would be looked into for the purpose of appreciating the material at the stage of disposal of Order 7, r. 11 application, ultimately opining