https://www.taxtmi.com/caselaws?id=199155 For an application under Order 7 Rule 11 CPC, the court considers only the plaint averments and not the defence in the written statement. The test is whether a meaningful reading of the plaint discloses a cause of action, not whether the plaintiff will ultimately succeed. Allegations of mala fides, fraudulent intention or knowledge need not be pleaded with detailed particulars, as such mental elements may be stated as facts. On the pleaded facts, the tender process was allegedly not pursued to favour an existing contractor, causing legal prejudice to the plaintiff, so rejection of the plaint was not warranted. en-us Fri, 01 Sep 1995 00:00:00 +0530 Wed, 21 Feb 2018 15:43:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199155 For an application under Order 7 Rule 11 CPC, the court considers only the plaint averments and not the defence in the written statement. The test is whether a meaningful reading of the plaint discloses a cause of action, not whether the plaintiff will ultimately succeed. Allegations of mala fides, fraudulent intention or knowledge need not be pleaded with detailed particulars, as such mental elements may be stated as facts. On the pleaded facts, the tender process was allegedly not pursued to favour an existing contractor, causing legal prejudice to the plaintiff, so rejection of the plaint was not warranted. Case-Laws Indian Laws Fri, 01 Sep 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199155