Law:

Section:

(a) Civil Procedure Code (V of 1908)-------0: VII, R.11---Rejection of plaint---Procedure---Cause of action--­Connotation---Provisions of O. VII, R.11, Civil Procedure Code, 1908 would not cover all cases in which a Court could reject or to limit inherent powers of Court, in respect thereof---Court could take into consideration material other than the contents of plaint, while considering question of rejection of plaint--­Plaint could be rejected under R.11 of O.VII, C.P.C. at any stage, even after its registration and before or after framing issues or even Court could reject a plaint while disposing of an application for grant of temporary injunction---Expression "cause of action" used in R.11 of O.VII, C.P.C., significantly referred to averment of facts on which claim or right of plaintiff was based as against defendant, thereby enabling Court to pronounce and powers to reject a plaint under that rule were exerciseable only if Court would come to the conclusion that even if all averments contained in plaint on which claim or right had been based were proved, plaintiffs would not be entitled to any relief--­Court was to see whether allegations made in plaint gave rise to cause of action thereby enabling Court to effectively set at rest controversy between parties through its , else to reject the plaint. 1987 CLC 1019; 1982 CLC 55; AIR 1922 Cal. 506; AIR 1912 All 553 and 1993 MLD 918 ref. (b) Civil Procedure Code (V of 1908)--- ----0. VII, R.11---Specific Relief Act. (I of 1877), S.54---Suit for permanent injunction---Want of cause of action---Rejection of plaint---Procedure---Trial Court in suo motu exercise of its powers without notice to parties passed order dismissing plaintiff's suit---Validity---If Trial Court was to determine as to whether plaint in suit was liable to rejection for want of cause of action, it was obligatory at given stage of proceedings to have specifically directed that parties would be heard in such context, but proceeding sheet of case was silent in such behalf---Trial Court should have appropriately avoided to decide case in suo motu exercise powers but should have framed required issue and decide same after hearing parties---Course…

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