TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether an application for rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 has to be decided only on the averments in the plaint, making the written statement of the defendant irrelevant at that stage.
Analysis: Order VII Rule 11 requires the court to examine the plaint itself for determining whether it discloses a cause of action or whether the suit appears to be barred by law. The power can be exercised at any stage of the suit, but the relevant material for clauses (a) and (d) is confined to the plaint averments. Defences raised in the written statement cannot be used to decide such an application. A direction to file the written statement before deciding the rejection application amounts to a failure to exercise jurisdiction properly and is a procedural irregularity affecting the decision-making process.
Conclusion: The application under Order VII Rule 11 had to be decided on the basis of the plaint alone, and the direction to file the written statement first was unsustainable. The appeals were allowed and the matter was remitted to the trial court for decision on the rejection application in accordance with law.
Ratio Decidendi: An application under Order VII Rule 11 of the Code of Civil Procedure, 1908 must be determined solely from the averments in the plaint, and the defendant's written statement is irrelevant for that purpose.
TaxTMI 
TaxTMI 
