: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.517 OF 2009 Rajeev Arun Shah & Ors. .. Applicants V/s. Sagar Group of Bungalows & Ors. .. Respondents Mr. Tejpal S. Ingale for the Applicants. Mr. Madhav Jamdar for Respondent Nos.1 to 7. CORAM : SMT. NISHITA MHATRE, J. DATED : 26 TH NOVEMBER, 2009. P.C.: 1. Rule. 2. Rule made returnable forthwith. 3. An application was filed by defendant Nos.1 to 3 before the trial Court, i.e. the applicants herein, for rejection of the plaint under the provisions of Order 7 Rule 11 of the Code of Civil Procedure. The two contentions raised were : (i).that the Suit was not maintainable as the plaint does not disclose the cause of action; and : 2 : (ii).that the Suit was barred in view of the provisions of the Cantonment Act. 4. The impugned order passed on 9th February, 2009 by the trial Court rejects the application on the ground that the objection or the application filed by defendant Nos.1 to 3 ought to have in fact been filed by defendant No.4. The application has been rejected on the ground that defendant Nos.1 to 3 do not have locus to raise such issues. 5. In my opinion, the impugned order is unsustainable. A party-defendant to the Suit can always move an application under the provisions of Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint. The question of locus of the defendant Nos.1 to 3 to file such an application cannot arise. The Court must apply its mind as to whether the provisions of Order 7 Rule 11 of the Code of Civil Procedure are attracted and whether in these circumstances the plaint can be : 3 : rejected. Since the trial Court has not done so in the present case, the impugned order is set aside and the application is remanded for being heard a fresh. 6. The Civil Revision Application is allowed. 7. The impugned order dated 9th February, 2009 is set aside. 8. The application filed under the provisions of Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint shall be considered a fresh by the trial Court within a period of four weeks from today. .......