A. S. BOPANNA, M. M. SUNDRESH
Sajjan Singh – Appellant
Versus
Jasvir Kaur – Respondent
| Table of Content |
|---|
| 1. appeal disposed along with pending applications. (Para 2 , 8) |
| 2. high court allowed revision petition and rejected plaint. (Para 3) |
| 3. grievances concerning court fee and prayer adequacy are for trial. (Para 4 , 5) |
| 4. high court order is set aside; case restored. (Para 6) |
| 5. contentions in application open for written statement. (Para 7) |
ORDER :
1. Leave granted.
2. Heard the learned counsel for the appellant as also the learned counsel for the respondents and perused the appeal papers.
3. In a suit filed by the appellant herein, the respondents filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short ‘CPC’) which was, at the first instance, dismissed by the Trial Court through its order dated 30.10.2017. The respondents were therefore before the High Court in a Revision Petition. The High Court having considered the matter, has through its order dated 25.03.2019, allowed the Revision Petition, and as a consequence, the application filed under Order VII Rule 11 of CPC was allowed and the plaint was rejected. It is in that light, the appellant is before this Court.
4. Having heard the learned counsel for the parties, we have taken note t
The Court emphasized that while considering applications under Order 7 Rule 11 of CPC, only the averments made in the plaint should be looked into, and the scope of scrutiny is confined to the averme....
The Court emphasized that the provision under Order VII Rule 11 of the CPC provides for the rejection of a plaint based on limited grounds, and issues requiring analysis of evidence or constituting t....
The main legal point established in the judgment is the limited scope of judicial inquiry at the application stage under Order VII Rule 11 of the CPC and the interpretation of the grounds for rejecti....
The court emphasized that the scope of judicial inquiry under Order VII Rule 11 of the CPC is limited to examining the averments made in the plaint and that issues requiring analysis of evidence cann....
A written statement is not required for a defendant to file an application under Order VII Rule 11 regarding court fee adequacy.
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