Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,O.VIr.17

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,O.VIr.17

(a) Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration---Rejection of plaint---"Cause of action"---Connotation---Plaintiffs sought declaration to the effect that one of the defendants was not daughter and the other was not widow of the deceased, therefore, both the defendants could not claim benefit of their relationship---Trial Court, on the application by defendants, rejected plaint but Lower Appellate Court dismissed application filed under O.VII, R.11, C.P.C.---Validity---Averments made in plaint prima facie disclosed cause of action, therefore, provisions of O.VII, R.11, C.P.C. could not be attracted to the facts---Averments made in plaint were to be considered in its entirety and there from cause of action could be determined---Word "cause of action" denoted those bundles of facts if traversed by opposite party, it was the plaintiff to prove the same for grant of decree in his favour---Single fact was not sufficient to arrive at the conclusion that cause of action existed or not---Trial Court erred to pass order of rejection of plaint, which order was justly and lawfully set aside by Lower Appellate Court and restored the suit of plaintiffs with direction to Trial Court to decide same on merits---High Court in exercise of revisional jurisdiction declined to interfere in the order passed by Lower Appellate Court---Revision was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint---Administration of justice---Provision of O.VII, R.11, C.P.C. being penal, be construed strictly by considering statements made in plaint in the light of law applicable thereto and not to be resorted to unless conditions for exercise of such drastic powers are fully satisfied---If plaint is suffering from any legal infirmity entailing its rejection, in such eventuality, plaintiff has the right to amend his plaint for clarity of vagueness appearing in pliant, so that it may conform with relevant provisions of law---Cherished goal of law is that matters to be decided on merits so that litigants are not deprived of their valuable rights in the wake of their technical…

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