https://www.taxtmi.com/caselaws?id=198348 A plaint can be rejected under Order 7 Rule 11(d) of the Code of Civil Procedure only where the statutory bar is clear from the plaint itself. If deciding the bar requires further inquiry, evidence, or resolution of disputed facts, rejection at the threshold is impermissible. On the pleadings, the plaintiffs asserted possession under an agreement and later compromise, and also preserved a right to seek specific performance. Whether an equally efficacious remedy existed, and whether the suit for injunction was barred by Section 41(h) of the Specific Relief Act, could not be conclusively determined at that stage. The plaint was therefore not liable to rejection. en-us Fri, 22 Aug 2003 00:00:00 +0530 Mon, 29 Jan 2018 17:40:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198348 A plaint can be rejected under Order 7 Rule 11(d) of the Code of Civil Procedure only where the statutory bar is clear from the plaint itself. If deciding the bar requires further inquiry, evidence, or resolution of disputed facts, rejection at the threshold is impermissible. On the pleadings, the plaintiffs asserted possession under an agreement and later compromise, and also preserved a right to seek specific performance. Whether an equally efficacious remedy existed, and whether the suit for injunction was barred by Section 41(h) of the Specific Relief Act, could not be conclusively determined at that stage. The plaint was therefore not liable to rejection. Case-Laws Indian Laws Fri, 22 Aug 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198348