Law: Civil Procedure Code (V of 1908)

Section: 11

  Civil Procedure Code (v of 1908)--- ----O.VII, R.11---Rejection of plaint---Court while rejecting plaint can look into the documents filed with plaint but order of rejection of plaint cannot be based on such documents. Haji Ahmed v. Abdul Karim and others P L D 1987 Kar. 219 and Seven Stars Goods Transport Co. (Regd.) v. Administrator K. M. C. P L D 1976 Kar. 21 ref. Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint---Principles to be followed. In asking the Court to reject a plaint under Order VII, Rule 11 of C. P. C. the defendant must be taken to admit for the sake of argument that the allegations of the plaintiff made in the plaint are true in manner and form. The Court should reject the plaint only if it comes to the conclusion that even if all the allegations which are made in the plaint were proved to be correct, the plaintiff will not be entitled to get the relief. It is an axiomatic principle of law that while considering the question of cause of action the Court should apply its mind to the facts given in the plaint and not to any other matter and it has to presume that every allegation made in the plaint was true. It could therefore, reject the plaint if it came to the conclusion that even if all the allegations are proved, the plaintiff would not be entitled to any relief whatsoever. The Court can reject the plaint under Order VII, Rule 11 of C. P. C. only if the plaint appeared to be barred under some law on the basis of the averments made in the plaint. The Court could not reject the plaint on the basis of pleas raised by the defendant in his defence or in the application under Order VII, Rule 11 of C. P. C. When a Court considers an application under Order VII Rule 11 of C. P. C. the argument proceeds on the assumption that the allegations contained in the plaint are true and correct and the Court rejects the plaint under this provision of C. P. C. only if it reaches the conclusion that even if all the averments in the plaint are taken to be correct, the plaintiff will not be entitled to the relief claimed. Pahlomal v. Abdul Quddus and others P L D 1971 Kar. 250; Seven Stars Goods Transport Co. (Regd.) v.…