1. Present Civil Revision Application under section 115 of the Code of Civil Procedure has been preferred by the petitioners herein - original defendant Nos.2 and 10 to quash and set aside the impugned order passed by the learned trial court below application Ex.47 in Regular Civil Suit 1099 of 2001 by which the learned trial court dismissed the said application submitted by the petitioners herein to reject the plaint in exercise of powers under Order VII Rule 11(a) of the Code of Civil Procedure on the ground that there is no cause of action in favour of the plaintiff for which no relief can be granted to the original plaintiff.
2. Mr.Kanabar, learned advocate appearing on behalf of the petitioners is not in a position to dispute that in the plaint cause of action is disclosed.
3. In view of the above, when the plaint discloses cause of action, plaint cannot be rejected in exercise of powers under Order VII Rule 11(a) of the Code of Civil Procedure. It is all together a different aspect whether on the basis of cause of action pleaded whether the plaintiff will succeed or not. The aforesaid aspect is required to be considered at the time of trial. Therefore, it is requested to dispose of the present Civil Revision Application by observing that all the contentions raised in the application Ex.47 be considered by the learned trial court at the time of trial without in any way being influenced by the impugned order passed below application Ex.47.
5. Ms.Archana Amin, learned advocate appearing for Mr.B.D. Karia, learned advocate appearing on behalf of the contesting respondent No.1 - original plaintiff has submitted that the learned trial court has rightly rejected the application Ex.47 and has rightly rejected the plaint in exercise of powers under Order VII Rule 11(a) of the Code of Civil Procedure.
6. Having heard the learned advocate appearing on behalf of the respective parties and considering the impugned order passed by the learned trial court below application Ex.47 and considering the fact that in the plaint cause of action is disclosed, it cannot be said that the learned trial court has committed any error and/or illegality in not rejecting the plaint in exercise of powers under Order VII Rule 11(a) of the Code of Civil Procedure. Under the circumstances, present Civil Revision Application fails and the same deserves to be dismissed and is accordingly dismissed. However, it is observed that whatever the defences / contentions are raised by the petitioners herein, more particularly in the application Ex.47 and if the same are raised in the Written Statement, the same be considered by the learned trial court at the time of trial and without in any way being influenced by the impugned order passed below application Ex.47. Rule is discharged. Interim Relief granted earlier, if any, stands vacated forthwith. No costs.
[M.R.
SHAH, J.] rafik Top