Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 2010 - HC - Indian LawsRejection of plaint under the provisions of Order VII Rule 11 CPC - suit barred by time limitation or not - non-production of documents - HELD THAT:- The material facts on which the plaintiff's cause of action would arise was duly placed on the record by the plaintiff. The material facts would depend upon the facts of each case and no rule of universal application can be laid. At any point of time, if it is declared by the plaintiff that agreement or any other relevant documents were not available or would be made available subsequently, or unable to produce the same would not meant that during the course of trial also, the plaintiff would not be in a position to produce the same. The suit cannot be rejected on the ground of non production of the documents. While considering application under Order VII Rule 11 CPC, the Court is not required to take into consideration the defence set up by the defendant in its written statement. The question whether the plaint discloses any cause of action is to be decided by looking at the averments contained in the plaint itself and not the defence set up in the written statement. What is to be seen is whether or not the meaningful reading of the plaint discloses cause of action. While considering the application, the strength or weakness of the case of the plaintiff is not to be seen. The Court should look at the plant and documents accompanying the plaint and not the defence of the defendant or the documents relied upon by the defendants. The cause of action is to be culled out on a conjoint reading of all the paragraphs of the plaint - It is not competent for the Court to go into the correctness or otherwise of all the allegations constituting the cause of action, correctness or otherwise of the allegations constituting the cause of action is beyond purview of Order VII Rule 11[a] CPC where the allegations made in the plaint prima facie discloses cause of action, the plaint cannot be rejected. It is clear that in order to consider Order VII Rule 11 CPC, the Court has to look into the averments made in the plaint as a whole and the same can be exercised by the trial Court at any stage of the suit. It is also clear that the averments in the instant case [Exh. 22] are immaterial and it is the duty of the Court to scrutinize the averments/pleadings in the plaint. The trial Court has overlooked these facts in deciding the application Exh. 22 and thereby ignored the averments made in the plaint. At this stage, the pleas taken by the defendant in its application Exh. 22 or raising of the dispute of non disclosure of cause of action in the plaint are wholly irrelevant, as the matter is to be decided only on the plain averments. There are no hesitation in reversing the view taken by the learned trial Judge by setting aside the impugned Order dated 17th March 2017 allowing the Application Exh. 22 moved by the respondent-original defendant under Order VII Rule 11 CPC, and thereby rejecting the plaint of the appellant-plaintiff. Appeal allowed.
|