https://www.taxtmi.com/caselaws?id=309938 For rejection of a plaint under Order VII Rule 11, the court must confine itself to the plaint averments and read the plaint as a whole. A defence raised by the defendant, or documents relied on by it, cannot be used to defeat the plaint at the threshold. Where the plaint discloses foundational facts showing a cause of action, it cannot be rejected merely because the original contract is not on record. Rejection on limitation is permissible only when the bar is apparent from the plaint itself; if limitation depends on disputed facts, including the effect of correspondence, acknowledgment, or promise to pay, the issue must be tried. The plaint was restored and the suit allowed to proceed. en-us Mon, 08 Oct 2018 00:00:00 +0530 Wed, 27 Sep 2023 21:13:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309938 For rejection of a plaint under Order VII Rule 11, the court must confine itself to the plaint averments and read the plaint as a whole. A defence raised by the defendant, or documents relied on by it, cannot be used to defeat the plaint at the threshold. Where the plaint discloses foundational facts showing a cause of action, it cannot be rejected merely because the original contract is not on record. Rejection on limitation is permissible only when the bar is apparent from the plaint itself; if limitation depends on disputed facts, including the effect of correspondence, acknowledgment, or promise to pay, the issue must be tried. The plaint was restored and the suit allowed to proceed. Case-Laws Indian Laws Mon, 08 Oct 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309938