D.P.MOHAPATRA, BRIJESH KUMAR
Jageshwari Devi – Appellant
Versus
Shatrughan Ram – Respondent
ORDER :
D.P. Mohapatra, J.
Leave granted.
2. The order passed by the Patna High Court declining to interfere with the order of the trial court in which the petition filed by the plaintiff under Order 6 Rule 17 of the Civil Procedure Code for amendment of the plaint was allowed and the petition filed by the defendant under Order 7 Rule 11 of the Civil Procedure Code seeking rejection of the plaint was rejected, is under challenge in these appeals filed by the defendant.
3. We have heard learned counsel for the parties. We have perused the order of the trial court and of the High Court. We have also perused the plaint filed by the respondent herein. The main ground on which rejection of the plaint was sought was that the plaint does not disclose a cause of action which is a ground specified under Order 7 Rule 11(a) CPC. The trial court on consideration of the averments in the plaint held, and in our view rightly, that it could not be held that the plaint does not disclose a cause of action. It is relevant to state that there is a difference between the non-disclosure of a cause of action and defective cause of action: while the former comes within the scope of Order 7 Rule 11, the latter
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