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2005 Supreme(Del) 471

PRADEEP NANDRAJOG
Ajit Singh – Appellant
Versus
Ramesh Vohra – Respondent


Advocates appeared:
Mr. Parueen Rawal, Adu. for the Plaintiff
Mr. Vijay Clwudhary, Adu. for the Defendant.

JUDGMENT

Pradeep Nandrajog, J.

1. By means of IA. No. 6264/02, defendant No.2 prays for rejection of the plaint alleging that on the pleadings of the plaintiff, no cause of action has been shown against defendant No.2.

2. Under Clause (a) of Order 7 Rule 11 CPC, a plaint is liable to be rejected where it does not disclose a cause of action. Learned counsel for the plaintiff very fairly states that indeed, a plaint which discloses no cause of action against a defendant has to be rejected qua the said defendant.

3. Suit claims a money decree against the defendants.

4. Vide para 1 of the plaint, plaintiff states that defendant No.1 placed an order on him for supply of600 pieces of Polyester Embroidered Odhanies. Price agreed per piece was US $ 14.5 (FOB), as stated in para 2 of the plaint. It is averred in para 3 of the plaint that plaintiff supplied the goods, delivery whereof was taken by defendant No. 1. Amount payable for the supply was US $ 9541.

5. In para 5 ofthe plaint, it is stated that defendant No.1 came to India in the month of February, 1997 and needed some funds. Plaintiff advanced Rs. 72,000 by cheque which was encashed by defendant No. 1.

6. In para 6 of the plaint, it is sta















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