Plaintiff had filed a suit against me on dated 10-01-2016 showing the cause of action on dated 07-01-2016, then I filed my WS and in my Preliminary Objection I take the plea that the Plaintiff had filed the suit without any cause of action and in my prayer clause I prayer for Dismissal of Suit.
In my evidence I proved documentary that the Plaintiff was not even present in the India during the period of January and February 2016, So how can he signed the Plaint in January 2016 and also that there is not cause of action as claimed by the Plaintiff as he is out of India in January and February 2016.
Now my query is that the above said fact and evidence is sufficient for Dismissal of suit. If yes, please provide some case law of Supreme Court in this regard.
Thanks
