JUDGMENT

Date : 09-11-2021

1. Heard Mr. G Khandelia, learned counsel for the appellant. None appears for the respondent.

2. This appeal arises out of the order dated 14.08.2008 whereby, the suit of the plaintiff i.e., the appellant was dismissed on the ground of non-compliance of Section 79 of the CPC 1908, and thereby holding that the suit to be barred under the provisions of law under Order VII Rule 11. At the outset when the provisions of Order VII Rule 11 are invoked the plaint at best can be rejected. Be that as it may, as the issue involved in the instant appeal is within the short compass, as to whether, the trial Court was justified in dismissing the suit on the ground of non-compliance of Section 79 of the Code of Civil Procedure.

3. The relevant facts for the purpose of disposal of the instant appeal is that the plaintiff/appellant had instituted a suit being registered and numbered as Money Suit No.159/2005 against the respondents herein seeking a decree for recovery of an amount of Rs.6,24,42,728/- along with the pre-suit, pendant lite and future interest @ 18% per annum.

4. In the said suit the defendant Nos.1 and 2 filed an application under Order VII Rule 11 for rejection