IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL REVISION PETITION NO.613 of 2018 BETWEEN:
Sri. Dhanaraj S/o late Ramaswamy, Aged about 57 years, Occupation:Advocate, R/at No.28, (Old No.520), 4th Cross, Sampangirama Nagara, Ward No.110, Bengaluru – 560 027.
Also at No.24/2, 1st Cross, Karagappa Garden, Mission Road, Sampangirama Nagara, Bengaluru – 560 027.
(By Sri. Gowda G.A.K., Advocate) AND:
Smt. C. Shashikala W/o P.K. Satish Kumar, Aged about 42 years, R/at No.8/1, 1st Cross, 4th Main, Sampangiramanagara, Bengaluru – 560 027.
… Petitioner … Respondent This Civil Revision Petition is filed under Section 18 of Karnataka Small Causes Courts Act, against order dated 27.10.2018 passed on I.A. in SC No.748/2018 on the file of the XXI ACMM and XXIII Additional Small Causes Judge, Bengaluru rejecting the application filed under Order VII Rule 11(a)(d) r/w Section 151 of CPC for rejection of the plaint.
This Petition coming on for Admission this day, the Court made the following:-
ORDER In this Petition filed under Section 18 of the Karnataka Small Causes Courts Act, the petitioner has assailed the validity of order dated 27.10.2018 passed by the XXI ACMM and XXIII Additional Small Causes Judge, Bengaluru by which application under Order 7 Rule 11(a) and (d) read with Section 151 of CPC has been rejected.
2. After arguing the matter to some extent, learned counsel for the petitioner submits that the petitioner has already filed written statement in which objections have been taken in regard to maintainability of the suit and the trial Court in the light of the pleadings, be directed to frame issues and to try the same in accordance with law.
3. In view of the aforesaid submissions and in the facts of the case, the petition is disposed of with a direction to the trial Court to take into account the defence taken by the petitioner in the written statement and to frame issues in the light of the pleading of the parties and decide the same in accordance with law.
Sd/- JUDGE dn/-