https://www.taxtmi.com/caselaws?id=199159 At the stage of Order VII Rule 11 CPC, the court must confine itself to the plaint averments and the documents annexed with it, without considering the defence. The plaint here was not rejected because its pleadings, including alleged declarations by the defendant treating the properties as Hindu undivided family assets and the plaintiff's asserted rights on that basis, disclosed a triable cause of action. Questions of admission, estoppel, intention and the legal effect of those declarations required evidence and could not be decided summarily. The plaint therefore survived scrutiny and was held to disclose a cause of action requiring adjudication. en-us Thu, 16 Feb 1995 00:00:00 +0530 Wed, 21 Feb 2018 16:11:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199159 At the stage of Order VII Rule 11 CPC, the court must confine itself to the plaint averments and the documents annexed with it, without considering the defence. The plaint here was not rejected because its pleadings, including alleged declarations by the defendant treating the properties as Hindu undivided family assets and the plaintiff's asserted rights on that basis, disclosed a triable cause of action. Questions of admission, estoppel, intention and the legal effect of those declarations required evidence and could not be decided summarily. The plaint therefore survived scrutiny and was held to disclose a cause of action requiring adjudication. Case-Laws Indian Laws Thu, 16 Feb 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199159