Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11,13

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11,13

Law: Contract Act, 1872

Section: 32

(a) Civil Procedure Code (V of 1908)-------O. VII, R.11---Rejection of plaint---Principles---Points to be considered---Order VII, R.11, C.P.C. had enabled the court to reject the plaint, if the Judge, after going through the averments of the plaint, would come to the conclusion that same did not disclose any cause of action; or that the claim was undervalued and the plaintiff failed to correct the valuation within time fixed by the court; or that the claim was properly valued, but the plaint was written upon paper insufficiently stamped and despite the orders by the court to supply requisite stamp paper within the fixed time, failed to do so; or that the suit seemed to be barred by any law from the perusal of the statement in the plaint---Rejection order under O.VII, R.11, C.P.C. would not preclude the claim and fresh plaint could be filed after curing the defects stated in the rejection order; while dismissal of the suit on merits would bar fresh or second suit on the same cause and claim---Only averments of the plaint were to be looked into to ascertain whether the plaint lacked the points stated in O.VII, R.11, C.P.C. and no insufficiency or sufficiency of evidence required to be looked, into; and even point taken in defence were not required to be considered. PLD 1989 Lah. 320; 1992 MLD 474; 2007 CLC 163; 2008 CLC 1409; 2000 MLD 251(2); 2004 MLD 1349 and 2008 CLC 1409 ref. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R.11(a)(d)---Interpretation of O.VII, R.11(a)(d)---Rejection of plaint---"Cause of action" and "statement of the plaint"---Meanings---Cause of action would mean bundle of facts which had been claimed by the plaintiff in the plaint and non-disclosure of cause of action in O. VII, R.11, C.P.C. would construe; if after perusal of the averments of the plaint and plaint only the court would come to the conclusion; that the plaintiff had failed to disclose any actionable cause against the defendant, then the court would be within its jurisdiction to reject the plaint; and court could travel within the four corners of the plaint and not beyond that, meaning thereby that the court could not reject the plaint on the ground that the plaintiff had…

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