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2013 (2) TMI 857 - HC - Indian Laws

Issues involved: Rejection of plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908.

Summary:
The appellant filed a suit for possession and permanent injunction against the respondents, alleging that a Collaboration Agreement was entered into for the redevelopment of a property. The trial court rejected the plaint under Order 7 Rule 11 of the Code. The respondents denied privity of contract with the appellant and argued that the appellant had no cause of action. The law allows rejection of a plaint if it does not disclose a cause of action, based solely on the plaint and accompanying documents. The appellant contended that the respondent was its agent, but the court found no evidence to support this claim in the Collaboration Agreement. The court held that the appellant had no legal right to seek possession based on the Agreement. The suit was deemed frivolous, vexatious, and meritless, leading to its dismissal.

In conclusion, the appeal was dismissed as it lacked merit based on the absence of a cause of action for the appellant to seek possession of the property under the Collaboration Agreement.

 

 

 

 

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