KARNATAKA HIGH COURT
H.P.SANDESH, J
THIRUMALA BABU – Appellant
Versus
SRI. KANTEERAVA NARASIMHARAJA SPORTS CLUB – Respondent
| Table of Content |
|---|
| 1. necessity for trial to ascertain facts in disputed cases. (Para 12 , 14) |
| 2. rejection of plaint requires evidence; improper invocation of rejection rules by trial court. (Para 17 , 18) |
ORAL JUDGMENT
2. These two appeals are filed against the order passed by the Trial Court in O.S.No.295/2020 dated 11.12.2020 and O.S.No.265/2021 dated 16.07.2021, respectively in allowing the I.A. filed under Order 7 Rule 11(a) and (d) read with Section 151 of CPC for rejection of the plaint and confirmation of the said order by the First Appellate Court.
4. In both the suits i.e., O.S.No.295/2020 and O.S.No.265/2021, similar grounds are urged. The respondent herein filed an application before the Trial Court under Order 7 Rule 11(a) and (d) read with Section 151 of CPC contending that there is no cause of action to initiate the suit. The plaintiff has impugned the notice of termination being the cause of action for the suit, which is contrary to the facts of the case, wherein termination order has been passed by defendant No.1. The plaintiff has made only six of the committee members as parties and not all the members and hence the suit is bad for non-joinder of necessary parties.
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