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Judgment
N. Ananda
The trial court has rejected the application filed under Order 7 Rule 11 CPC. The trial court has referred to the order passed by this Court in civil revision petition reading as hereunder:
The case of the present applicant/ defendant has been elaborately discussed by their Lordship by considering the argument of the present Applicant/defendant and at the end of the said paragraph, it has been opined that
''Since this is a special enactment conferring a right on the women subjected to such act, it could be said that the relief sought by the plaintiff being in relation to residential accommodation, she cannot be non suited on the grounds referred to above. However, it is open to the petitioner who is a defendant in the suit to bring in his defence that the entire property is not the part of the shared accommodation or that the respondent has no interest legally enforceable against it. Based on such pleadings, the court will frame relevant issues and then decide the suit on its merits. The impugned order therefore is confirmed.
In view of order passed this Court, the plaint cannot be rejected. The trial court will have to proceed in accordance with the order passed by this Court in the civil revision petition. The other contentions are kept open. The petition is accordingly dismissed.