Law: Civil Procedure Code (V of 1908)

Section: O. VII. r. 11

Civil Procedure Code (V of 1908) O. VII. r. 11 --- Plaint----Rejection of Court while considering question of cause of action should apply its mind to facts in plaint and not to any other matter-Vagueness in pleadings-Proper course, party to be ordered to remove vagueness and not to reject plaint-- Categories under O. VII, r, 11 not exhaustive-Court can reject plaint if positive prohibition can be spelt out of a legal provision.-[Plaint--- Pleadings-Cause of action]. 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 allega tion made in the plaint was true. It could therefore, reject the plaint, if it came to the conclusion that if all the allegations are proved the plaintiff would not be entitled to any relief whatsoever. Further, if there is any vagueness about the pleadings, the proper course is to order the party to remove the vagueness, and not to reject the plaint. It is important to distinguish Order VII, rule 11 from the locus standi of the plaintiff and the jurisdiction of the Court. It is true that the categories under Order VII, rule 11 are not exhaustive and the Court has the inherent jurisdiction to reject the plaint, if positive prohibition can be spelt out of a legal provision. Dates of hearing: 3rd, 4th February; 17th and 18th March 1975.                                                                                                                       JUDGMENT The circumstances in which this revision application has arisen are as follows:---- The applicants are the tenants of two godowns in a building situated on Plot No. 14-15/BR-I, Moolji Street, Kharadar, Karachi. In 1973, they were served with a notice by the Karachi Municipal Corporation to demolish the structure within seven days.…