A suit restraining a rival LPG gas agency from distributing cylinders was rejected suo moto by the Trial Court under Order VII Rule 11(a) CPC based on defence contentions. The First Appellate Court set aside the rejection and remanded the matter; this appeal by the defendant was dismissed, confirming rejection must rest on the plaint alone.
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NC: 2024:KHC:32032 MSA No. 39 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 39 OF 2022
BETWEEN:
…APPELLANT
(BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
BOTH ARE PROPRIETORS, M/S V. R. INDANE GRAMIN VITARAK, SRIRAMPURA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT – 577528.
…RESPONDENTS
(BY SRI.THYAGARAJA S., ADVOCATE)
NC: 2024:KHC:32032 MSA No. 39 of 2022
THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC AGAINST THE JUDGMENT AND DECREE DATED 10.02.2022 PASSED IN RA.No.21/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 25.05.2021 PASSED IN OS No.206/2020 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSADURGA, REJECTING THE SUIT AS NOT MAINTAINABLE AND REMANDING BACK THE MATTER TO TRIAL COURT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Heard Sri.Gopalakrishnamurthy, learned counsel for the appellant and Sri.Thyagaraja S., learned counsel for the respondents.
NC: 2024:KHC:32032 MSA No. 39 of 2022
necessary for disposal of the appeal are as under:
3.1. Plaintiffs filed a suit in O.S.No.206/2020 stating
that plaintiffs are running a gas agency in the name and style of ‘V.R.Indane Gramin Vitarak’ by obtaining dealership from Indian Oil Company Ltd., Marking Division Bengaluru in Srirampura village and other neighboring villages within the radius of 15 kms.
3.2. Defendant who is also running a gas agency in the name and style of ‘Akshaya Bharath Gas’, Hosadurga permitted to distribute the LPG cylinders only in Hosadurga Town.
3.3. In respect of distribution of the gas cylinders, there were differences between plaintiffs and defendant. Therefore, plaintiffs filed a suit restraining the defendant from distributing the LPG Cylinders in Srirampura village and surrounding places.
NC: 2024:KHC:32032 MSA No. 39 of 2022
Educational Charitable Society Vs. Pnniamman Educational Trust reported in (2012) 8 SCC 706, rejected the plaint by exercising the power vested in the Court under Order VII Rule 11(a) of CPC.
hearing the parties in detail, noted that the Trial Court
NC: 2024:KHC:32032 MSA No. 39 of 2022
ought not to have sou-moto raised the question of maintainability of the suit and rejected the plaint. As such, set aside the order of the Trial Court by judgment dated 10.02.2022 and remitted the matter to the Trial Court for fresh disposal in accordance with law.
has been passed on the contentions taken in the written statement especially noting the fact that there is no privity of the contract between the plaintiffs and defendant and plaintiffs are the distributors of Indian Gas and defendant is the distributor of Bharat Gas. Therefore, question of restraining the defendant did not arise in the suit and thus, sought for allowing the appeal.
NC: 2024:KHC:32032 MSA No. 39 of 2022
NC: 2024:KHC:32032 MSA No. 39 of 2022
ORDER
Sd/(V SRISHANANDA) JUDGE
KAV List No.: 1 Sl No.: 42
1 issue framed by the court
Whether the Trial Court could suo moto reject the plaint under Order VII Rule 11(a) CPC based on the written statement rather than the plaint contents alone.
Colour shows how this judgement treated each authority
2 provisions across 1 enactments
Smt. Padmaja
Smt. Rashmi P.
Sri. S. S. Veeresh Sangaiah Shiva
V Srishananda
As recorded by the court registry
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