Partial rejection of a plaint is impermissible; if Order 7 Rule 11 applies, the entire plaint must be rejected.

A single plaint cannot be rejected in part under Order 7 Rule 11 CPC, even where it contains multiple causes of action or challenges several alienations; if rejection is justified, it must operate on the plaint as a whole. The contrary view permitting partial rejection was held erroneous. A review petition against the order rejecting the plaint was examined under Order 47 Rule 1 CPC and found not maintainable on the stated facts, so its dismissal was upheld. The order allowing only partial rejection was set aside, and the suit was left to proceed in accordance with the rule that plaint rejection cannot be fragmented.

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Issues: (i) whether a plaint can be rejected only in part under Order 7, Rule 11 of the Code of Civil Procedure; (ii) whether the review petition against the order rejecting the plaint was maintainable.

Issue (i): whether a plaint can be rejected only in part under Order 7, Rule 11 of the Code of Civil Procedure.

Analysis: The suit was instituted on one plaint, though it combined several causes of action. The rule governing rejection of plaints did not permit the Court to split a single plaint and reject only some portions of it. The mere fact that multiple alienations were challenged did not convert the proceeding into separate suits for the purpose of partial rejection. If rejection under Order 7, Rule 11 was justified, it had to operate on the plaint as a whole.

Conclusion: Partial rejection of the plaint was impermissible and the contrary view was erroneous in favour of the appellant.

Issue (ii): whether the review petition against the order rejecting the plaint was maintainable.

Analysis: The petition for review was directed against an order rejecting the plaint and was examined with reference to Order 47, Rule 1 of the Code of Civil Procedure. On the facts stated, the review did not lie and its dismissal was correct.

Conclusion: The review petition was not maintainable and its rejection was upheld.

Final Conclusion: The order permitting rejection only of part of the plaint was set aside, and the matter was allowed to proceed consistently with the rule that rejection of a plaint under Order 7, Rule 11 must be of the plaint as a whole.

Ratio Decidendi: A single plaint cannot be rejected in part under Order 7, Rule 11 of the Code of Civil Procedure; if rejection is attracted, it must apply to the entire plaint and not to selected portions of it.

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