Pleading of fraud and collusion must include material facts and particulars, or the plaint may be rejected under Order VII Rule 11 CPC.

A plaint can be rejected under Order VII Rule 11 CPC where, on the plaint and annexed documents alone, it does not disclose a real cause of action. In allegations of fraud, collusion, misrepresentation, or misuse of authority, the pleadings must state the material facts and necessary particulars showing how the wrongdoing occurred; bare labels are insufficient. Where the plaint relies on admitted execution of a power of attorney and sale deed but does not plead cancellation of authority before the sale or give concrete details of misuse, vague assertions cannot be saved by proposed evidence. On this reasoning, the plaint was held liable to rejection and the suit dismissal was upheld.

---

---

Issues: Whether the plaint disclosed a valid cause of action and was liable to be rejected under Order VII, Rule 11 of the Code of Civil Procedure for want of material particulars of alleged fraud and collusion.

Analysis: For deciding an application under Order VII, Rule 11, only the averments in the plaint and the documents annexed thereto are relevant. A plaint must contain the material facts constituting the cause of action, and where fraud, collusion, misrepresentation or misuse of authority is alleged, the pleadings must also set out the necessary particulars. Mere repetition of expressions such as fraud or collusion, without facts showing how the alleged wrongdoing occurred, does not disclose a real cause of action. A plaint based on admitted execution of a power of attorney and sale deed, without pleading cancellation of the authority before the sale or giving details of misuse, cannot be sustained by vague assertions or by evidence proposed to be led later.

Conclusion: The plaint disclosed no valid cause of action and was rightly rejected under Order VII, Rule 11 of the Code of Civil Procedure. The dismissal of the suit was upheld, against the appellant.

Ratio Decidendi: A plaint that, read as a whole, does not plead material facts and necessary particulars of alleged fraud or collusion, and instead relies only on vague labels or clever drafting, is liable to rejection under Order VII, Rule 11 of the Code of Civil Procedure.

---