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PRINCIPAL BENCH AT BENGALURU
V LAKSHMI – Appellant
Versus
N LAKSHMIPATHY – Respondent


This appeal by the plaintiff is directed against the

common order dated 08.02.2022 on I.As.No.3 & 4 in

O.S.No.6743/2018 passed by the XLI Additional City Civil

& Sessions Judge, Bengaluru, rejecting the plaint.

2. For the sake of convenience, parties shall be

referred as per their status in the trial Court.

- 3 -

3. Heard Shri S.Sudarshan, learned advocate for the

appellant-plaintiff

and

Shri

H.N.Venkatesh,

learned

advocate for caveator/respondent No.3.

4. Brief facts of the case are, plaintiff has brought the

instant suit seeking relief of declaration and injunction.

By filing I.A.No.3 under Order VI Rule 17 of CPC, she

sought to amend the plaint seeking to delete the prayer

for declaration. Defendants have filed I.A.No.4 under

Order VII Rules 11(b) & (c) of CPC seeking to reject the

plaint for non-compliance of orders dated 22.01.2020 and

28.01.2020. The learned trial Judge has rejected the

plaint by allowing the defendants’ application. Hence, this

appeal.

5. On the last date of hearing, we had called upon

the learned advocate for the appellant to submit whether

appellant desires to seek the relief of declaration or not.

Today

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