9911796707
TMI Blog2007 (8) TMI 809X X X X Extracts X X X X X X X X Extracts X X X X ..... n under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC) filed on behalf of the defendant No. 2 for rejection of the plaint. The ground taken in the application is that the suit is barred by law. According to the learned Counsel for the defendant No. 2 (Mr. Arun Sahay), the suit has been filed, inter alia, against the defendant No. 1 (Perfect Drugs L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no such permission was taken, it is submitted that the suit is not maintainable and, therefore, the plaint is liable to be rejected. 2. The learned Counsel for the plaintiffs, however, submitted that the suit is not barred. He submitted that, initially, the property in question was leased out under two separate leases to the defendant No. 1. The same was utilised by the defendant No. 1 for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e claiming tenancy on his own right. 3. Be that as it may, after having considered the arguments advanced by the learned Counsel for the parties and after having examined the 'averments made in the plaint as well as the documents accompanying the plaint, I am of the view that this application under Order VII Rule 11 CPC cannot be allowed. The first reason is that the suit is not just agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly maintainable against the defendant No. 2. The submission of the learned Counsel for the defendant No. 2 is that the defendant No. 2 has been sued in his personal capacity. If that be the case then the suit against the defendant No. 2 shall survive in any event. Since the plaint cannot be rejected in part, therefore, in my view, this application cannot be allowed and the same is rejected. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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