1. Application to reject a plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908. (Para 1 )
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2022 Supreme(SC) 1159
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
Advocates:
Advocate Appeared:
For the Appellant : Mr. Arun Kumar Goyat, Mr. Subhasish Bhowmick, AOR
Advocate Appeared:
For the Appellant : Mr. Arun Kumar Goyat, Mr. Subhasish Bhowmick, AOR
A plaint cannot be rejected at the threshold under Order 7 Rule 11 of the Code of Civil Procedure, 1908, solely on the ground that the plaintiff is not entitled to any relief in the suit.
Headnote:
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]
Legal Category Hierarchy
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practice and procedure
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civil procedure
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pleadings
- rejection of plaint (Para 1)
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pleadings
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civil procedure
Table of Contents
2. Petitioner contended that the plaint should be rejected on the ground that the plaintiff is not entitled to any relief in the suit. (Para 1 )
3. The court observed that lack of entitlement to relief cannot be a ground to reject a plaint at the threshold under Order 7 Rule 11 CPC. (Para 1 )
4. A plaint cannot be rejected under Order 7 Rule 11 of the Code of Civil Procedure, 1908, solely because the plaintiff is not entitled to relief. (Para 1 )
5. Special Leave Petition dismissed; orders of the Trial Court and High Court rejecting the application under Order 7 Rule 11 CPC confirmed. (Para 1 )
6. Can a plaint be rejected under Order 7 Rule 11 of the CPC if the plaintiff is not entitled to any relief?
No, the fact that a plaintiff may not be entitled to any relief in a suit cannot be used as a ground to reject the plaint at the threshold under Order 7 Rule 11 of the Code of Civil Procedure, 1908. (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.
