Order 7 Rule 11 - CPC - Rejection of Plaint

 

Order 7 Rule 11 - CPC - Rejection of Plaint

PLD 2025 SC 302

----O. VII, R. 11---Rejection of plaint---Material to be relied upon---Principle---If some material apart from plaint is available on record and admitted by plaintiff, the Court may take such material into consideration---In case of mixed questions of law and fact, correct approach is to allow suit to proceed to written statement and discovery phases, determining the lis either by farming of preliminary issues or through a regular trial with equal opportunities for both parties.

Piecemeal rejection--- Multiple reliefs---Principle---Law does not permit piecemeal rejection---If even one prayer in plaint is found to be maintainable, plaint cannot be rejected in parts.

Rejection of plaint---Suo motu powers---Applicability---Application of Order VII, Rule 11, C.P.C. is independent and does not require waiting for filing of written statement---Court may even reject plaint on its own motion as a sense of duty, if it is found to be genuinely hit by any of the disability or infirmity provided in the clauses of Order VII, Rule 11, C.P.C.

Subsisting cause of action---Effect---Plaintiff is required to demonstrate not only that a right has been infringed in a manner entitling him to relief but also that at the time of approaching the Court, the right to seek that relief was subsisting.