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
This matter is listed for admission. Heard the learned counsel for the appellant and the learned counsel for respondent No.1.
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.
3. The factual matrix of the case of the plaintiff before the Trial Court in a suit filed by the plaintiff challenging his termination from the membership of the Club dated HC-KAR 29.02.2020, it is specifically contended that the termination made by the respondent Club is erroneous and the same is not in compliance with the principles of natural justice. It is also specifically contended that the termination is also bad in law and even extracted the procedure to be adopted in terminating him and the same is no
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