https://www.taxtmi.com/caselaws?id=286685 At the stage of Order VII Rule 11(a), a court must test maintainability only on the petitioner's pleadings read as a whole and cannot rely on the respondent's defence or materials. The enquiry is confined to whether the pleading discloses a cause of action and states the material facts necessary to found the claim; a wider inquiry belongs to Order XIV Rule 2(2) only where jurisdiction or statutory bar is in issue. Applying that standard, the election petition was found to disclose a cause of action and sufficient material facts, so rejection for want of maintainability was impermissible and the petition was directed to proceed to trial. en-us Tue, 24 Jan 2017 00:00:00 +0530 Tue, 10 Mar 2020 09:16:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286685 At the stage of Order VII Rule 11(a), a court must test maintainability only on the petitioner's pleadings read as a whole and cannot rely on the respondent's defence or materials. The enquiry is confined to whether the pleading discloses a cause of action and states the material facts necessary to found the claim; a wider inquiry belongs to Order XIV Rule 2(2) only where jurisdiction or statutory bar is in issue. Applying that standard, the election petition was found to disclose a cause of action and sufficient material facts, so rejection for want of maintainability was impermissible and the petition was directed to proceed to trial. Case-Laws Indian Laws Tue, 24 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286685