https://www.taxtmi.com/caselaws?id=197357 A plaint must be read as a whole, and substance prevails over form when considering rejection under Order 7 Rule 11 CPC. A belated rejection application may still be examined on merits, but the plaint cannot be rejected unless it is otherwise liable to rejection. Here, the pleading, though not formally framed as redemption, disclosed facts showing pledge, readiness to repay, demand for return, and alleged wrongful dealing, so it was treated as a substantive redemption claim and not barred by Section 34 of the Specific Relief Act. Prior tender or deposit of pledge money was not an inflexible condition precedent, and the proviso to Section 27 of the Sale of Goods Act could not be invoked from the defence to reject the plaint at threshold. en-us Mon, 20 Mar 1995 00:00:00 +0530 Thu, 04 Jan 2018 09:54:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197357 A plaint must be read as a whole, and substance prevails over form when considering rejection under Order 7 Rule 11 CPC. A belated rejection application may still be examined on merits, but the plaint cannot be rejected unless it is otherwise liable to rejection. Here, the pleading, though not formally framed as redemption, disclosed facts showing pledge, readiness to repay, demand for return, and alleged wrongful dealing, so it was treated as a substantive redemption claim and not barred by Section 34 of the Specific Relief Act. Prior tender or deposit of pledge money was not an inflexible condition precedent, and the proviso to Section 27 of the Sale of Goods Act could not be invoked from the defence to reject the plaint at threshold. Case-Laws Indian Laws Mon, 20 Mar 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197357