The High Court, in a regular first appeal against the rejection of a plaint, allowed the appellant's appeal and set aside the lower court's order dismissing the complainant's suit.
Order dated 11.08.2021 allowing rejection of plaint is set aside; liberty reserved to respondents to file fresh application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RFA No. 1318/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF MAY, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 1318 OF 2021 (DEC/INJ)
BETWEEN:
Digitally signed NARASIMHAMURTHY. L by YASHODHA N Location: HIGH S/O LATE LAKSHMINARAYANAPPA COURT OF AGED ABOUT 56 YEARS KARNATAKA R/O VYSHYARAPALYA HANUMANTHAPURA KUVEMPUNAGAR POST TUMKUR-572 107. …APPELLANT
(BY SHRI. YASHWANTH NETHAJI, ADVOCATE FOR SHRI. K.V. NARASIMHAN, ADVOCATE)
AND:
RFA No. 1318/2021
(BY SHRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SHRI. A. MOHAMMED TAHIR, ADVOCATE AND SHRI. VARUN J. PATIL, ADVOCATE FOR R3 TO R6) V/O DATED 26/08/2022 R2 TO R6 ARE TREATED AS LRs OF DECEASED R1; R2 SERVED BUT UNREPRESENTED.
THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W SEC.96 OF THE CPC, AGAINST THE ORDER DATED 11.08.2021 PASSED ON I.A.NO.IV ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE
RFA No. 1318/2021
AND JMFC, TUMAKURU, ALLOWING THE I.A.NO.IV FILED UNDER ORDER VII RULE 11(b) AND (d) OF CPC FOR REJECTION OF PLAINT.
THIS RFA, COMING ON FOR ADMISSION , THIS DAY, P.S.DINESH KUMAR, J. , DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the plaintiff is directed against order dated 11.08.2021 on I.A.IV in O.S.No.174/2019 passed by the learned II Additional Senior Civil Judge & JMFC, Tumakuru, allowing the IA and rejecting the plaint.
RFA No. 1318/2021
ORDER
ii) Order dated 11.08.2021 on I.A.IV in O.S.No.174/2019 passed by the II Addl. Senior Judge & JMFC, Tumakuru, is set aside;
iii) Liberty is reserved to respondents-defendants to file a fresh application, if need arises;
iv) We place on record Shri Jayakumar S.Patil’s fair submission with appreciation. No costs.
Sd/-
JUDGE
Sd/JUDGE
List No.: 1 Sl No.: 31
YN
1 issue framed by the court
Whether the regular first appeal filed against the order allowing rejection of plaint under Order VII Rule 11(b)/(d) CPC is maintainable.
3 provisions across 1 enactments
NARASIMHAMURTHY. L.
SMT. HANUMAKKA
SMT. LAKSHMAMMA
NAGARAJU
SMT. RATHNAMMA
SMT. JAYAMMA
P.S.DINESH KUMAR
T.G. SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
