Law:

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Cause of action-- ----Meaning--Cause of action means giving rise for a claim or right of plaintiff against defendant enable a Court give its decision. [P. 203] E Civil Procedure Code, 1908 (V of 1908)-- ----O. VII, R. 11--Rejection of plaint--Contents of plaint--A plaint under O. VII, Rule 11 of CPC can be rejected, if came within the mischief of Order VII, Rule 11 CPC and for rejection the plaint--Contents of the plaint are to be seen and the contents of plaint has to treated as true on its face value. [P. 203] A Civil Procedure Code, 1908 (V of 1908)-- ----O. VI, R. 17--Dismissal of plaint-Technical grounds-For want of betters particulars--Amend plaint--Validity--Plaint cannot be rejected on he basis of vagueness in pleadings or for want of better particulars and instead of maintaining the order of rejection of plaint thus Appellate Court should provide an opportunity to applicant to amend the plaint under O. VI, R. 17 CPC. [P. 203] D Civil Procedure Code, 1908 (V of 1908)-- ----S. 115 & O. VII, R. 11--Rejection of plaint--Contents of plaint--Cause of action--Factual controversy--Violation of--Provision--Concurrent finding--Revisional jurisdiction--Question of--Validity--Whether applicant will be able to prove the case at trial is irrelevant and cannot be considered for rejecting the plaint--Held: Concurrent finding of fact cannot be interfered in revisional jurisdiction--However, in arriving at a question of fact if Courts below have committed an error of law, as which caused grave injustice the High Court can interfere in revisional jurisdiction--Further held: Courts below have violated the provisions of Order VII, Rule 11 CPC has exercised jurisdiction which was not vested in them. [P. 203] F Inquiry-- ----Factual inquiry--Essential--Evidence--Validity--Factual inquiry cannot be undergone and the matter which requires evidence, cannot be considered. [P. 203] B Plaint-- ----Rejection of plaint--Lack of evidence--Prove in--Applicant has not produced documents in support of his case--Plaint cannot be rejected for want of evidence or prove in support of claim in the plaint. Judgment The applicant has challenged order dated 20-11-2002 passed by the learned…

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