Order 7 Rule 11 scrutiny is confined to the plaint and supporting documents; triable fraud allegations bar threshold rejection.

An application for rejection of plaint under Order 7 Rule 11 is decided on a demurrer, so the Court must confine itself to the plaint and the documents relied upon or referred to by the plaintiff. Defence material or the defendant's written statement cannot be examined. The distinction between no cause of action and an inadequately pleaded cause of action is material, and allegations of misrepresentation, concealment, fraud and coercion may disclose triable issues requiring evidence. Partial rejection of a plaint is not permissible under Order 7 Rule 11. On these principles, the plaint could not be rejected at the threshold and the revision challenging refusal to reject it failed.

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Issues: Whether, for deciding an application for rejection of plaint, the Court must confine itself to the plaint and the documents relied upon by the plaintiff, and whether the plaint disclosed a cause of action so as to justify rejection under Order 7 Rule 11 of the Code of Civil Procedure, 1908.

Analysis: An application under Order 7 Rule 11 proceeds on a demurrer and the defendant's written statement or defence material cannot be looked into. The Court may consider the plaint and such documents as are filed with it or referred to in it. The distinction between a total absence of cause of action and an inadequately pleaded cause of action was emphasised. Where the plaint alleges misrepresentation, concealment, fraud, and coercion, and also challenges the settlement letter while relying on prior notice and surrounding correspondence, the matter raises triable issues requiring evidence. Partial rejection of a plaint is not permissible under Order 7 Rule 11.

Conclusion: The plaint could not be rejected at the threshold, and the revision challenging the trial court's refusal to reject the plaint failed.

Ratio Decidendi: For rejection under Order 7 Rule 11, the Court must examine only the plaint and the documents supporting it, and if those pleadings disclose a triable cause of action, the plaint cannot be rejected merely because the defendant asserts a complete defence.

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