9911796707
|
Home
Issues involved:
The issues involved in this case are the rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 and the necessity of considering the application on merits before directing the filing of a written statement. Judgment Summary: Rejection of Plaint under Order VII Rule 11 C.P.C.: The appeals arose from suits where the appellant filed an application under Order VII Rule 11 C.P.C. to dismiss the suits. The trial court directed the appellant to file a written statement, which was challenged before the High Court. The High Court confirmed the trial court's order, leading to the present appeals. The Supreme Court held that the trial court should have decided the application under Order VII Rule 11 C.P.C. based on the averments in the plaint, without considering the written statement. The failure to do so amounted to a procedural irregularity. The Court set aside the High Court's order and remitted the cases to the trial court for proper consideration of the application under Order VII Rule 11 C.P.C. Necessity of Considering Application on Merits: The appellants argued that the plaints should be rejected under Order VII Rule 11 C.P.C. due to lack of cause of action and other grounds. The respondents contended that the principles of res judicata and lis pendens did not apply to the suits. The key question was whether an application under Order VII Rule 11 C.P.C. should be decided solely based on the plaint's allegations, without considering the written statement. The Supreme Court emphasized that the trial court's focus should be on the plaint's averments when deciding such applications. The Court allowed the civil appeals, setting aside the High Court's order and remitting the cases to the trial court for proper consideration. In conclusion, the Supreme Court allowed the civil appeals, directing the trial court to decide the application under Order VII Rule 11 C.P.C. based on the plaint's averments. No costs were awarded in the matter.
|
