Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), Ss. 12 & 54---Suit for specific performance and permanent injunction---Rejection of plaint---Principles---Appellant/plaintiff contended that respondents, being legal heirs of original defendant, had actually moved Trial Court for deletion of their names from the column of defendants but Trial Court, contrary to the prayer, rejected the plaint of appellant--- Respondents/defendants contended that Trial Court had rightly accepted the petition of defendants---Validity---Order VII, R. 11, C.P.C. made it clear that plaint could be rejected, where it did not disclose a cause of action; where the relief claimed was under value and the plaintiff, on being required by the court to correct the valuation within time fixed by the court, failed to do so; where the relief claimed was properly valued, but the plaint was written upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite stamp paper within a time to be fixed by the court, failed to do so and where the suit appeared from the statement of the plaint to be barred by any law---None of the said defects, prima facie, appeared in the plaint leading same to be rejected---Court before rejecting plaint had also to see that when the averments made therein if accepted in mode and form, did not entitle plaintiff to a relief, it could reject the plaint---Provisions of O. VII, R.11, C.P.C. could only be invoked, if there was no room for any other approach to the case and that no triable issue was made out in the case or suit was clearly hit by any mandatory provision of law, justifying rejection of plaint---Court was required to see mainly the averments of the plaint avoiding deeper examination of the contents of the written statement---Claim made in the plaint and denial of the same by answering defendants being serious in nature were required to provide opportunity to the parties to produce evidence in support of their respective claims so that the controversies might be determined after providing full opportunities to meet the points---Present case demanded thorough investigation so…

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