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PRATHIBA M. SINGH
Vimal Kumar Taheem – Appellant
Versus
Hari Om Nirala – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
CM APPLs. 45558-45559/2021 (for exemption)
2. Allowed, subject to all just exceptions. Applications are disposed of.
CRP 98/2021 & CM APPL. 45557/2021 (for stay)
3. This is a petition challenging the impugned Order dated 29th November, 2021 passed by ld. ADJ-04/Dwarka Courts/SW/New Delhi (hereinafter "trial court") by which the application filed by the Petitioner/Defendant (hereinafter "Defendant") under Order VII Rule 11 in the suit has been dismissed. The brief background of the matter is that a suit for recovery of a sum of Rs.6 lakhs was filed by the Respondent/Plaintiff (hereinafter "Plaintiff") against the Defendant on the ground that a friendly loan of Rs. 6,00,000/- (six lacs) was advanced by the Plaintiff to the Defendant. The suit was instituted by the plaintiff in 2011. In the suit, the Defendant took the defence that the Plaintiff and the Defendant were not known to each other and further, the allegations of the Defendant are that the four blank cheques were actually given by the Defendant to one Sh. Rampal in re-pa
The judgment emphasizes that an application under Order VII Rule 11 should only consider the plaint and lays down the basic principles governing such applications.
The evaluation of an application under Order VII Rule 11 is strictly confined to the plaint's contents, with substantive merits to be addressed in the course of the trial.
The principle of res judicata cannot serve as a basis for rejecting a plaint under Order VII Rule 11 of the CPC; it must be framed as a preliminary issue in trial.
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....
Limitation for a loan recovery suit based on demand is applicable, requiring evidence to substantiate the agreement's terms, not dismissible on limitation grounds alone.
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 main legal point established in the judgment is that mere admission of the existence of a document is not sufficient to presume fraud, and the issue of fraud can be considered at the final stage ....
The main legal point established in the judgment is that leave to defend should not be refused unless the defendant's contentions are frivolous and do not raise any triable issue. The court emphasize....
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