2007 (8) TMI 809

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....ez Ahmed, J. 1. This is an application 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, agains....

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....company which has been wound up. Since 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 uti....

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....ember, 2003, wherein he set up a case 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 i....