Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,115

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Word 'it'---Connotation---Rejection of plaint---Material to be considered by Trial Court---Scope---Word 'it' confines the scope of reference only to the plaint and nothing else---In order to invoke the applicability of O.VII, R.11(a), C.P.C.-the Court has to look into the contents of the plaint only and has to examine the plaint on its face value---If the plaint by itself indicates any infirmity enumerated in cls. (a) to (d) of R.11 of O.VII, C:P.C. then the Court should order the rejection of the plaint as the fruitless litigation requires to be buried at its inception to avoid the wastage of time of Courts a9d unnecessary harassment to the opposite-party. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Rejection of plaint---Power of Trial Court---Raising of plausible defence---Effect---Resort to the power of rejecting a plaint be made only if the Court had co, to the irresistible conclusion, within the parameters of O.VII, R.II, IC.P.C., that even if all allegations made in the plaint had been proved, plaintiff was not entitled to any relief whatsoever---If the averments contained to a written statement, being rival pleadings, engendered any controversy then the same had become issue ,between the parties which could only be resolved after recording and evaluating the evidence of the combating parties adduced at the trial---Where the defendant had filed a written statement and pleas raised by him in the nature of defence in suit could not be looked into while considering application for rejection of the plaint. (c) Civil Procedure Code (V of 1908)--- ----S. 115 & O. VII, R. 11---Rejection of plaint---Written statement was filed---Issues generated by the rival pleadings were framed---List of witnesses had also been filed and the case was posted for the evidence of the plaintiffs---Trial Court on the application under O.VII, R.11, C.P.C. filed by the defendant, rejected the plain` and the order passed by the Trial Court was maintained by the Appellate Court---Validity---Where the plaint disclosed any cause of action, The invocation of O.VII, R.11, C.P.C. was uncalled for---Orders passed by…

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