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2001 Supreme(SC) 969

A.P.MISRA, UMESH C.BANERJEE
RAJ NARAIN SARIN (DEAD) THROUGH LRS – Appellant
Versus
LAXMI DEVI – Respondent


( 1 ) LEAVE granted.

( 2 ) IN an application under Order 7 Rule 11, read with Section 151 of the code of Civil Procedure for rejection of plaint, learned Additional District judge, Agra, by his order dated 23-10-1992, rejected the plaint. Learned judge in coming to such a conclusion of rejection did place strong reliance on a decision of this Court in the case of T. Arivandandam v. T. V. Satyapal wherein this Court categorically laid down that if on a meaningful reading of the plaint, it manifestly appears to be vexatious and meritless, in the sense of not disclosing a clear right to sue, the trial court should exercise its power under Order 7 Rule 11 of the Code of Civil Procedure taking care to see that the ground mentioned therein is fulfilled since bogus litigation ought to be shot down at the earliest stage. Incidentally, Order 7 Rule 11 as engrafted in the Code of Civil Procedure envisages four specific cases for rejection of the plaint. Order 7 Rule 11, for the sake of convenience, is set out below:"11. Rejection of plaint. The plaint shall be rejected in the following cases (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued, and th






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