THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA CIVIL REVISION PETITION NO.3775 OF 2025

ORDER:

1. The petitioner is the defendant No.4 before the learned Principal Junior Civil Judge, Ranga Reddy District at Rajendranagar (‘Trial Court’) in a Suit vide O.S.No.38 of 2024 filed by the respondent No.1/plaintiff for perpetual injunction. The petitioner is aggrieved by the impugned order dated 28.07.2025 passed by the Trial Court dismissing the I.A.No.209 of 2025 in O.S.No.38 of 2024. The I.A. was filed by the petitioner/defendant No.4 for rejection of plaint under Order VII Rule 11 (a) and (d) of The Code of Civil Procedure, 1908 (‘CPC’) on the grounds that the plaint did not disclose a ‘cause of action’ and was also barred by law as the respondent No.1/plaintiff was attempting to obtain an injunction based on a defective title.

2. Learned counsel appearing for the petitioner/defendant No.4 submits that section 41 (j) of The Specific Relief Act, 1963, which provides that an injunction cannot be granted when the plaintiff has no personal interest in the matter, constitutes the ‘barred-by-law’ component under Order VII Rule 11 (d) of the CPC. Learned counsel, however, places greater emphasis on