THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1937 OF 2014 Dated:11-08-2014 Between:
G.P. Rushyendramani ... PETITIONER AND Sanigaralpu Sreekar .. RESPONDENT THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1937 OF 2014 ORDER:
The respondent filed O.S No. 873 of 2013 against the petitioner for recovery of a sum of Rs.37,00,000/- on the basis of four promissory notes and an agreement. On receipt of summons in the suit, the petitioner entered appearance. She filed I.A No. 122 of 2013 under Rule 11 of Order VII CPC, with a prayer to reject the plaint. It was pleaded that the agreement and the promissory notes relied upon by the respondent are not true and genuine and that the respondent is neither the recipient nor the holder in due course of the promissory notes and other documents relied upon by her. A detailed account of certain events that have taken place in relation to the transaction have been pleaded. The respondent filed counter opposing the I.A. Through order dated 07-03-2014, the trial Court dismissed the I.A. Hence, this C.R.P.
Heard Sri V. Eswaraiah Chowdary, learned counsel for the petitioner.
The suit was filed for recovery of amount on the basis of certain documents. The plea raised by the petitioner for rejection of the plaint is mostly about the genuineness of those documents. It is fairly well established that a plaint can be rejected only when a defendant establishes the one ground or the other mentioned in Rule 11 of Order VII CPC. The petitioner is not able to fit her plea into any of such clauses.
In the affidavit filed in support of the I.A., extensive discussion is undertaken as regards the transaction in relation to certain immovable properties. The suit is filed on the basis of promissory notes and an agreement. It is only when the contents are taken on their face value and it is demonstrated that even if so taken, they did not make out cause of action or that one clause or the other of Rule 11 of Order VII CPC is attracted, that a plaint can be rejected. The trial Court has taken the correct view of the matter and this Court is not convinced to interfere with the same.
The C.R.P is accordingly dismissed. However, the trial Court is directed to dispose of the suit at the earliest.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 11-08-2014 ks