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2014 Supreme(Mad) 1116

M.JAICHANDREN, M.VENUGOPAL
Madras Race Club rep. by its Secretary – Appellant
Versus
M. Victor – Respondent


Advocates Appeared:
For the Appellant :R. Vidhuthalai Senior Counsel for L. Dhamodaran, Advocate.
For the Respondents:V. Prakash, Senior Counsel for K. Sudalaikannu, Advocate.

Judgment :

M. Jaichandren, J.

1. Heard the learned counsels appearing for the parties concerned.

2. This original side appeal has been filed against the order passed by the learned single Judge, dated 23.10.2013, in Application No.1207 of 2013, in C.S.No.72 of 2013. The appellant herein had filed the said application praying for the rejection of the plaint filed in C.S.No.72 of 2013, under Order VII Rule 11 of the Civil Procedure Code, 1908.

3. The learned single Judge had dismissed the application filed by the appellant herein, by his order, dated 23.10.2013, stating that the appellant had not made out a case for the rejection of the plaint, under Order VII Rule 11 clause (b), where the relief claimed is under valued and under clause (d), where the suit appears from the statement in the plaint to be barred by any law.

4. Mr. R. Viduthalai, the learned senior counsel, appearing on behalf of the appellant, had submitted that the application in Application No.1207 of 2013, had been filed, under Order VII Rule 11 of the Civil Procedure Code 1908, for the rejection of the plaint filed in the suit, in C.S.No.72 of 2013, stating that the plaintiffs in the said suit had made an indirect cl



















































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