HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.Nos. 4508 of 2006 and 3221 of 2009 Date: 04-03-2011 Between: The Nizams Institute of Medical Sciences and another ……. Petitioners And The Federation of Educated Self Employed Youth (FESEY) ….. Respondent HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.Nos. 4508 of 2006 and 3221 of 2009 COMMON ORDER: Since these two Revision Petitions arise out of the same suit between the parties, they are taken up together for disposal. The petitioner are the defendants who filed these Revision Petitions seeking to assail the correctness of the orders, dated 25-07-2006 and 02-04-2009 dismissing the applications in I.A.Nos.400 of 2006 and 315 of 2009 in O.S.No.2552 of 2006 respectively, which were purportedly filed under Order 7 Rule 11 of C.P.C. seeking to reject the plaint and close the suit. The main ground, which was raised on behalf of the petitioners, is that having regard to the withdrawal of the tender notification, as per the letter dated 09-07-2008, there is no need to take up further proceedings in the suit and therefore, the suit has become infructuous. Further also there being no prior notice issued under Sections 79 and 80 of C.P.C. and hence the suit as filed and framed is not maintainable, and it has to be dismissed. The Court below dismissed both the applications on the ground that either of these two grounds would not fall well within the mischief of Order 7 Rule 11 of C.P.C. Hence, the Revision Petitions. Having heard the learned counsel on either side and also on perusal of the material on record, it is seen that admittedly neither of the said grounds would fall within the grounds as contemplated under the aforesaid provision for rejection or dismissal as such. It is always open for the petitioners to raise all the pleas at the time of disposal of the main suit itself. In view of the same, I do not find any grounds warranting interference under Article 227 of the Constitution of India. Both the Civil Revision Petitions are, accordingly, dismissed. No order as to costs. ________________ B. PRAKASH RAO, J Date: 04-03-2011 YCR