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SUPREME COURT OF INDIA
M.R. SHAH, M.M. SUNDRESH, JJ.
Gurdev Singh – Appellant
Versus
Harvinder Singh - Respondent
Petition for Special Leave to Appeal (C) No. 19018 of 2022 (Arising out of impugned final judgment and order dated 10-10-2022 in CRN No. 3324 of 2022 passed by the High Court Of Punjab & Haryana at Chandigarh)
Decided on : 09-11-2022
Civil P.C. 1908 -- O.7 R.11 -- rejection of plaint - non-entitlement of plaintiff to any relief in suit -- cannot be ground to reject plaint at threshold -- application for rejection of plaint rightly dismissed. [Para 1]
ORDER :
1. The application preferred by the petitioner to reject the plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (CPC) has been dismissed by the Trial Court which has been confirmed by the High Court. 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 learned Trial court has rightly rejected the application under Order 7, Rule 11 of the CPC, which is rightly not interfered with by the High Court. We are in complete agreement with the view taken by the High Court. The Special Leave Petition stands dismissed.
2. Pending application(s), if any, shall stand disposed of.
Applications for rejection of plaint under Order VII Rule 11 CPC can be filed at any stage, but should not be entertained at advanced stages of trial to prevent frivolous litigation.
The court allows withdrawal of a Civil Revision Petition with liberty to seek rejection of plaint under CPC.
It is perspicuous and indubitable, even from a plain reading of afore provision that, what is provided for is rejection of plaint if any of causes.
Unauthorised amendments cannot be the sole basis for rejecting the plaint under Order 7, Rule 11 of the CPC. Plaintiffs should be given an opportunity to correct the valuation before the plaint can b....
The central legal point established in the judgment is the distinction between the provisions of Order XII Rule 6 CPC and Order VII Rule 11 CPC, and the applicability of each provision in different s....
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