Published on: November 09, 2023 at 19:43 IST
Court: Supreme Court of India
Citation: Dahiben V. Arvindbhai Kalyanji Bhanusali (2020)
Honourable Supreme Court of India has held that the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of plaint is mandatory in nature. It is held that the plaint “shall” be rejected if 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.
It is 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 held that documents as annexed with the Plaint are required to be taken into consideration for deciding the application under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.
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.
23.10. At this stage, the pleas taken by the defendant in the written statement and application for rejection of the plaint on the merits, would be irrelevant, and cannot be adverted to, or taken into consideration.
23.14. The power under Order 7 Rule 11 CPC may be exercised by the court at any stage of the suit, either before registering the plaint, or after issuing summons to the defendant, or before conclusion of the trial, as held by this Court in the judgment of Saleem Bhai v. State of Maharashtra. The plea that once issues are framed, the matter must necessarily go to trial was repelled by this Court in Azhar Hussain case.
Drafted By Abhijit Mishra
