Law: Civil Procedure Code (V of 1908)

Section: 0. VII, R.11

(a) Civil Procedure Code (V of 1908)--0. VII, R.11 --- Interpretation --- Provisions of O VII, R.11, C.P.C. are procedural and such provisions must not be read in isolation and, if intrinsic aid is afforded in their interpretation by other provisions of the Code, that aid must be made use of. [p. 191] A(b) Interpretation of statutes...---- Procedural provision in a statute --- First and the best source from which to ascertain the meaning of any statute is the statute itself --- Such a provision must not be read in isolation and, if intrinsic aid is afforded in its interpretation by other provision of the statute, that aid must be made use of. [p. 191] A(c) Interpretation of statutes...---- Rules of procedure --- Such rules being remedial in character should receive a liberal and generous construction in order to promote justice and carry out their purpose and especially so as to secure a more effective and a speedier, simpler and a less expensive administration of the law --- Such rules are not masters; they are servants, their purpose being to serve and advance the cause of justice. [p. 1911 B & C, Crawford on Construction of Statutes, p.496 ref(d) Civil Procedure Code (V of 1908)------- 0. V11, R.11 --- Rejection of plaint-- -Essentials---Unless the plaint does not disclose any of the causes of action joined in the suit, it cannot be rejected as a whole --- If the plaint does disclose one or more of the causes of action, the suit shall proceed in respect thereof --- As a suit may include more than one cause of action, and the plaintiff may have more than one claim or may be entitled to more than one relief, in respect of a cause of action, the word "suit" in OV11,R.11(d), must mean the suit as a whole --- Unless the whole suit is barred by any law, the plaint will not be rejected as a whole.The provisions of Order VII, Rule 11, C.P.C. are procedure provisions and on the principle that the first and the best source from which to ascertain the meaning of any statute is the statute itself, the Code of Civil procedure must be read as whole, that is to say, those provisions must not be read in isolation, and if intrinsic aid is afforded in their interpretation…