Supreme Court of India Rules Civil Suit Rejection Cannot Be Based on Defendant’s Documents or Evidence

May28,2024 #Civil suit #SUPREME COURT
Landmark Judgment Law Insider (1)

Published on: May 28, 2024 21:36 IST

Court: Honourable Supreme Court of India

Case: Eldeco Housing & Industries Ltd. v. Ashok Vidyarthi 2023

Honourable Supreme Court of India has held that the Civil Suit cannot be rejected in exercise of the powers under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 on the basis of the Written Statements or the Documents as produced by the Defendants. It is held that Defendant cannot seek rejection based on their documents or evidence.

The Civil Courts can only refer to the plaint and documents which are provided along with the plaint.

26. However, the fact remains that all the aforesaid documents, referred to by the respondent in support of his plea for rejection of the plaint, cannot be considered at this stage as these are not part of the record with the Court filed along with the plaint.

This is the stand taken by the respondent-defendant in the application filed under Order VII Rule 11 CPC As noticed above, no amount of evidence or merits of the controversy can be examined at the stage of decision of the application under Order VII Rule 11 CPC Hence, in our view, the impugned order of the High Court passed in the Review Application deserves to be set aside. Ordered accordingly.

Drafted By Abhijit Mishra

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