https://www.taxtmi.com/caselaws?id=456575 An application for rejection of plaint under Order VII Rule 11 must be assessed only on the plaint averments, and defence material is ordinarily irrelevant. Subsequent events may still be considered where they fundamentally affect the relief claimed. Here, post-suit settlement documents allowed use of the trade name and incorporation of new entities, and the plaintiff acted on that arrangement by opening a new entity and conducting business through it. As the original injunctive relief no longer survived, the plaint was not rejected under Order VII Rule 11, but the suit was treated as infructuous and dismissed under the Court's inherent powers. en-us Tue, 28 Feb 2023 00:00:00 +0530 Thu, 01 Aug 2024 20:46:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456575 An application for rejection of plaint under Order VII Rule 11 must be assessed only on the plaint averments, and defence material is ordinarily irrelevant. Subsequent events may still be considered where they fundamentally affect the relief claimed. Here, post-suit settlement documents allowed use of the trade name and incorporation of new entities, and the plaintiff acted on that arrangement by opening a new entity and conducting business through it. As the original injunctive relief no longer survived, the plaint was not rejected under Order VII Rule 11, but the suit was treated as infructuous and dismissed under the Court's inherent powers. Case-Laws Companies Law Tue, 28 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456575