Rejection of plaint under Order 7 Rule 11 can be decided before leave to defend in a summary suit.

An application for rejection of plaint under Order 7 Rule 11 CPC is maintainable at any stage and may be decided before an application for leave to defend in a summary suit. Where the plaint is said to be non-maintainable, the court must first examine that threshold objection rather than postpone it until after leave to defend. The trial court's refusal to entertain the rejection application on the ground that the defendants could not participate before leave was granted was inconsistent with settled procedure. The order was set aside and the rejection application was directed to be heard afresh on its own merits before the leave to defend application.

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Issues: Whether an application for rejection of plaint under Order 7 Rule 11 of the Code of Civil Procedure can be entertained and decided before an application for leave to defend in a summary suit.

Analysis: The application under Order 7 Rule 11 was required to be considered at the earliest stage, because if the plaint was liable to be rejected on the ground of non-maintainability, there was no occasion to first decide leave to defend. The trial court declined to entertain the application mainly on the footing that the defendants could not participate before leave to defend was granted. That approach was found inconsistent with the settled principle that an Order 7 Rule 11 application can be examined at any stage, including before leave to defend, and the issue of cause of action was left open for fresh determination.

Conclusion: The trial court's order was set aside, and the Order 7 Rule 11 application was directed to be heard and decided afresh on its own merits before deciding the leave to defend application.

Ratio Decidendi: An application for rejection of plaint under Order 7 Rule 11 of the Code of Civil Procedure is maintainable at any stage and may be decided even prior to an application for leave to defend in a summary suit.

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