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SUPREME COURT OF INDIA
ARIJIT PASAYAT AND S.H. KAPADIA, JJ.)
SAJJAN SIKARIA AND OTHERS APPELLANTS
VERSUS
SHAKUNTALA DEVI MISHRA AND OTHERSRESPONDENTS.
CIVIL APPEAL NO. 7232 OF 2005, DECIDED ON DECEMBER 5, 2005
ORDER 7 RULE 11 CPC - Consideration of Written Statement - The court found that consideration of a written statement is not a condition precedent while dealing with an application under Order 7 Rule 11 CPC. Only the averments in the plaint have to be considered. The court set aside the direction for considering the question relating to Order 7 Rule 11 CPC as a preliminary issue and emphasized the need for early disposal of the entire suit.
Fact of the Case:
The court heard learned counsel for the parties and granted leave. It found that the direction for considering the question relating to Order 7 Rule 11 CPC as a preliminary issue was not correct and set it aside. The court emphasized the need for early disposal of the entire suit, considering that the suit was filed in 1996.
Finding of the Court:
The court disposed of the appeal accordingly, emphasizing the need for early disposal of the suit and the cooperation of the parties in achieving this goal.
Issues: Consideration of Written Statement, Early Disposal of Suit
Ratio Decidendi: Consideration of a written statement is not a condition precedent while dealing with an application under Order 7 Rule 11 CPC. Only the averments in the plaint have to be considered. Emphasis on the need for early disposal of the entire suit.
Final Decision: The appeal is disposed of accordingly, with an emphasis on the need for early disposal of the suit and the cooperation of the parties in achieving this goal.
ORDER 1. HEARD LEARNED COUNSEL FOR THE PARTIES.
2. LEAVE GRANTED.
3. WE FIND THAT THE DIRECTIONS FOR CONSIDERING THE QUESTION RELATING TO ORDER 7 RULE 11 CPC AS PRELIMINARY ISSUE IS NOT CORRECT AS THAT WOULD NECESSITATE FILING OF A WRITTEN STATEMENT. IT IS A SETTLED POSITION IN LAW THAT WHILE DEALING WITH AN APPLICATION UNDER ORDER 7 RULE 11 CPC, CONSIDERATION OF WRITTEN STATEMENT IS NOT A CONDITION PRECEDENT AND ONLY AVERMENTS IN THE PLAINT HAVE TO BE CONSIDERED. THEREFORE, THAT PART OF THE ORDER IS SET ASIDE. IT WILL BE IN THE INTEREST OF THE PARTIES IF THE WHOLE SUIT IS TAKEN UP FOR DISPOSAL AS EARLY AS PRACTICABLE. CONSIDERING THE FACT THAT THE SUIT WAS FILED IN 1996, LEARNED COUNSEL FOR THE PARTIES SUBMIT THAT THEY SHALL COOPERATE IN DISPOSAL OF THE SUIT, AND IF A REQUEST IS MADE TO THE TRIAL COURT FOR DISPOSAL OF THE SUIT WITHIN SIX MONTHS, THAT WOULD SUFFICE.
4. THE APPEAL IS DISPOSED OF ACCORDINGLY.
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