Published on: 20 September 2023 at 11:32 IST
Court: Supreme Court of India
Citation: Dahiben V. Arvindbhai Kalyanji Bhanusali (2020)
Honourable Supreme Court of India has held that “Cause of action” means every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to judgment. It consists of a bundle of material facts, which are necessary for the plaintiff to prove in order to entitle him to the reliefs claimed in the suit. It is further held that Order 7 Rule 14 of the Code of Civil Procedure, 1908 allows for documents to be referred to in the plaint and essentially it forms the basis of the plaint and thus it should be treated as a part of the plaint.
23.8. Having regard to Order 7 Rule 14 CPC, the documents filed along with the plaint, are required to be taken into consideration for deciding the application under Order 7 Rule 11(a). When a document referred to in the plaint, forms the basis of the plaint, it should be treated as a part of the plaint.
23.9. In exercise of power under this provision, the court would determine if the assertions made in the plaint are contrary to statutory law, or judicial dicta, for deciding whether a case for rejecting the plaint at the threshold is made out.
23.15. The provision of Order 7 Rule 11 is mandatory in nature. It states that the plaint “shall” be rejected if any of the grounds specified in clauses (a) to (e) are made out. If the court finds that the plaint does not disclose a cause of action, or that the suit is barred by any law, the court has no option, but to reject the plaint.
Drafted By Abhijit Mishra