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AMIT BANSAL
Hema Gusain – Appellant
Versus
India International Centre – Respondent
JUDGMENT
Amit Bansal, J. (Oral)
I.A. 10179/2021 (of the defendant no.1 u/O-VII R-11 of CPC)
1. The present application has been filed on behalf of the defendant no.1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) seeking rejection of the plaint on the following grounds:
i. The plaint does not disclose any cause of action.
ii. The suit is barred by law.
2. Notice in the present application was issued on 13th August, 2021. Pursuant to the said notice, a reply was filed on behalf of the plaintiff on 11th September, 2021. Thereafter, a rejoinder was filed on behalf of the defendant no.1 on 21st October, 2021.
3. In the plaint filed by the plaintiff, it has been pleaded that:
i. The plaintiff had joined the defendant no.1 on 1st January, 1995 as a Personal Assistant.
ii. On 30th April, 2017, the plaintiff was appointed as the Secretary (Designate) on the basis of selection done by the Search Committee appointed by the defendant no.1.
iii. On 23rd June, 2017, the term of the previous President of the defendant no.1 got over and the defendant no.2 was appointed as the next President.
iv. The defendant no.2 had personal animosity against the plaintiff.
v. On 29th July, 2017,
The main legal point established in the judgment is that the cause of action for a suit and the scope of res judicata are crucial factors in determining the maintainability of a suit and the grounds ....
The main legal point established in the judgment is that the power to reject a plaint under Order VII Rule 11 of the CPC is to be exercised cautiously, and the test for determining whether a plaint d....
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.
Termination of membership without due process violates principles of natural justice; trial essential for contested factual claims.
The court affirmed that a plaint cannot be dismissed under Order VII Rule 11 if it discloses a cause of action and emphasized that authorized representatives can validly file affidavits supporting pl....
Contracts of personal service cannot be specifically enforced under the Specific Relief Act, except in limited exceptions.
Point of Law : Reliefs of reinstatement and backwages could not be sought in a civil proceedings, applies in the context of a case where the provisions of the ID Act were applicable.
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