Civil Revision No. 1915 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1915 of 2010 Date of Decision: March 22 , 2010 Krishan Kumar Vashishtha ...... Petitioner Versus Hemant Kumar Vashishtha and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.Sudhir Aggarwal, Advocate for the petitioner. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. This petition has been filed against the order dismissing the application of the petitioner for rejection of the plaint by respondent No.1. Respondent No.1 had filed a suit for rendition of accounts primarily against the respondent no.2 alleging that the respondent No.2 had been illegally diverting the proceeds of partnership business in favour of the petitioner. It was in these circumstances that the petitioner filed an application under Order 7 rule 11 CPC alleging that main relief was against respondent No.2 and that there was no evidence of any diversion. Learned trial Court rejected the application holding that it could not be held that the plaint did not reveal any cause of action and that at the most it could be stated that the cause of action can later on be proved to Civil Revision No. 1915 of 2010 2 exist. Consequently the Court held that for want of evidence at this stage the plaint could not be rejected. Therefore, it cannot be said that the impugned order suffers from such material irregularities as to merit interference under Article 227 of the Constitution of India. (AJAY TEWARI) JUDGE March 22, 2010 sunita