1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicants-original defendants nos. 10 and 11 to quash and set aside the impugned order dated 13/05/2011 passed by the learned Principal Senior Civil Judge, Anand below Exh. 37 in Special Civil Suit No. 75/2010 by which the learned trial Court has rejected the application submitted by the applicants, which was submitted to reject the plaint under Order 7 Rule 11 of the Code of Civil Procedure.
2. At the outset, it is required to be noted that Shri Mithani, learned advocate appearing on behalf of the applicants is not in a position to satisfy the Court under which provision of Order 7 Rule 11 the case of the applicants falls. He has tried to submit that the case falls under Order 7 Rule 11(a) of the Code of Civil Procedure. However, he is not in a position to dispute that as such the cause of action is pleaded in the plaint. It cannot be disputed that there is a distinction between no cause of action at all and/or the cause of action is not disclosed in the plaint. If, the applicants are of the opinion that there is no cause of action in favour of the original defendants, he has to initiate appropriate proceedings, however, the plaint cannot be rejected under Order 7 Rule 11 of the Code of Civil Procedure.
3. In view of the above, there is no substance in the present Civil Revision Application and the same deserves to be dismissed and is accordingly dismissed. Notice is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R.
SHAH, J.) siji Top