Rejection of the plaint under Order VII rule 11 of the CPC is a drastic power conferred in the court to terminate a civil action at the threshold. says Supreme Court
P.V. GURU RAJ REDDY REP. BY GPA LAXMI NARAYAN REDDY & ANR v. P. NEERADHA REDDY & ORS. ETC.
CIVIL APPEAL NO.5254 OF 2006
Judgment Dated : 13/02/2015
CORAM : RANJAN GOGOI .J, PRAFULLA C. PANT .J
LEGAL POINT :
At the stage of exercise of power under Order VII rule 11, the stand
of the defendants in the written statement or in the application for rejection of the plaint is wholly immaterial. It is only if the averments in the plaint ex facie do not disclose a cause of action or on a reading thereof the suit appears to be barred under any law the plaint can be rejected.
P.V. GURU RAJ REDDY REP. BY GPA LAXMI NARAYAN REDDY & ANR v. P. NEERADHA REDDY & ORS. ETC.
CIVIL APPEAL NO.5254 OF 2006
Judgment Dated : 13/02/2015
CORAM : RANJAN GOGOI .J, PRAFULLA C. PANT .J
LEGAL POINT :
At the stage of exercise of power under Order VII rule 11, the stand
of the defendants in the written statement or in the application for rejection of the plaint is wholly immaterial. It is only if the averments in the plaint ex facie do not disclose a cause of action or on a reading thereof the suit appears to be barred under any law the plaint can be rejected.
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