SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2002 Supreme(SC) 2110

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top