Law: Civil Procedure Code (V of 1908)

Section: O. VII, R. 11

Law: Specific Relief Act, 1877

Section: 12 , 54

Law: Companies Act, 2017

Section: 2(9), 2(17), 5

Law: Partnership Act, 1932

Section: 4, 32, 39, 40

(a) Civil Procedure Code (V of 1908)-------O. VII, R. 11---Rejection of plaint---Principles relating to rejection of plaint under O. VII, R. 11, C.P.C stated.A plaint cannot be rejected in piecemeal under Order VII, Rule 11, C.P.C. Even if one prayer contained in the plaint is found to be maintainable in the relevant facts and circumstances of the case, the plaint cannot be rejected in part. What is essentially required is that the plaintiff must demonstrate that not only a right has been infringed in a manner that entitles him to a relief but also that when he approached the Court, the right to seek that relief was in subsistence. Nothing more than the averments of the plaint have to be seen for the purposes of adjudicating whether the plaint unveiled any cause of action. However, the dearth of proof or weakness of proof in the circumstances of the case does not furnish any justification for coming to the conclusion that there was no cause of action disclosed in the plaint, because for the rejection of plaint under Order VII, Rule 11, C.P.C., the Court cannot take into consideration pleas raised by the defendants in the suit, as at that stage, the pleas raised by the defendants are only contentions in the proceedings, unsupported by any evidence on record. However, if there is some material apart from the plaint which is admitted by the plaintiff, the same can also be looked into and taken into consideration by the Court while deciding an application under Order VII, Rule 11, C.P.C. Moreover, the Court may, in exceptional cases, consider the legal objections in the light of averments of the written statement but the pleading as a whole cannot be taken into consideration for the rejection of plaint. The Court has to presume the facts stated in the plaint as correct for the determination of such application. In case of any mixed questions of law and facts, the right methodology and approach is to allow the suit to proceed to the written statement and discovery phases and to determine the matter either by framing preliminary issues or through a regular trial. This rule does not justify the rejection of any particular portion of the plaint or a piecemeal…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492