Case Note & Summary
The petitioner, Indus Towers Limited, a company incorporated under the Companies Act, 1956, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 10.12.2013 passed by the VIth Joint Civil Judge, Senior Division, Aurangabad, on Exhibit 9 in Special Civil Suit No.349/2012. The respondent, Sow.Ashatai w/o Bapurao Kagne, proprietor of OM Telecom Services, had filed the suit for recovery of rent and possession alleging a lease agreement with the petitioner. The petitioner filed an application under Order VII Rule 11 CPC for rejection of the plaint on the ground that it did not disclose a cause of action. The trial court dismissed the application. The High Court, after hearing both sides, allowed the revision application. The court found that the plaint did not disclose any cause of action because the alleged lease agreement was not signed by the petitioner/defendant, and there was no privity of contract between the parties. The court held that the trial court erred in dismissing the application and set aside the impugned order, allowing the application for rejection of plaint. The suit was consequently dismissed.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Cause of Action - The court considered whether the plaint filed by the respondent/plaintiff for recovery of rent and possession based on a lease agreement disclosed a cause of action. The trial court had dismissed the application for rejection of plaint. The High Court held that the plaint did not disclose a cause of action as the lease agreement was not signed by the defendant/petitioner and the plaintiff failed to show any privity of contract. The plaint was rejected. (Paras 1-5)
Issue of Consideration
Whether the plaint in Special Civil Suit No.349/2012 discloses a cause of action and is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.
Final Decision
The High Court allowed the Civil Revision Application, set aside the order dated 10.12.2013, and allowed the application at Exhibit 9 for rejection of plaint. The suit was dismissed.
Law Points
- Order VII Rule 11 CPC
- Rejection of Plaint
- Cause of Action
- Lease Agreement
- Recovery of Rent
- Civil Suit
