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2022 (8) TMI 1365 - SUPREME COURTRejection of Order 7 Rule 11(a) and (b) of the Code of Civil Procedure, 1908 - alleged fabricated General Power of Attorney - HELD THAT:- It is well-settled that while considering an application under Order 7 Rule 11 of the Code, the averments in the plaint alone are to be examined and no other extraneous factor can be taken into consideration. On the basis of averments made by the plaintiffs in the suit as mentioned above, we find that it is disputed question of fact as to whether the Agreement to Sell, the Power of Attorney and the Sale Deeds are forged and fabricated documents. Such questions are required to be decided on the basis of evidence to be led by the parties. We do find that the forgery pleaded cannot be a ground for rejection of the plaint. The order passed by the High Court is set aside. The suit stands restored to its original number. The appeal is accordingly disposed of.
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