Supplementary affidavit filed is taken on record.
The trial court had allowed the application under Order 7 Rule 11 on the ground that the plaint does not disclose any cause of action but in appeal the order has been set aside and the matter has been remanded.
The submission of Sri Rahul Sahai, learned counsel for the appellant is that the plaint of the suit does not disclose any cause of action and whatever cause of action was there it has come to an end as the term of the management has admittedly expired.
Issue notice to the plaintiffs/respondents no. 1 and 2 by registered post.
Till the next date of listing further proceedings pursuant to the impugned order dated 21.7.2010 passed in Civil Appeal No.21/9 shall remain stayed.
Order Date :- 8.9.2010 piyush