Order VII Rule 11 CPC- Plaint Cannot Be Rejected On Ground That Plaintiff Is Not Entitled To Any Relief In Suit- SC
The Supreme Court has observed that the plaint cannot be rejected merely on the ground that Plaintiff is not entitled to any relief in the suit under Order VII Rule 11 CPC.
The Bench of Justice MR Shah and Justice MM Sundresh was hearing the plea of the Petitioner to reject the plaint under Order VII Rule 11 CPC. The Trial Court had rejected the application of the Petitioner which was confirmed by the High Court.
AOR Subhasish Bhowmick appeared for the Petitioner before the Court.
The Petitioner had contended before the Court that the Plaintiff is not entitled to any relief in the suit and thus his plaint should be rejected under CPC.
The Court held, "It is the case on behalf of the petitioner that the plaintiff is not entitled to any relief in the suit. The aforesaid cannot be a ground to reject the plaint at the threshold in exercise of powers under Order 7, Rule 11 of the CPC."
The Bench thus observed that the Trial Court has rightly rejected the application under Order VII Rule 11 CPC which is rightly not interfered with by the High Court.
The Court thus agreed with the view taken by the High Court and dismissed the SLP.
Cause Title – Gurdev Singh v. Harvinder Singh