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DELHI HIGH COURT
SWATANTER KUMAR
Arunesh Punetha – Appellant
Versus
Boston Scientific Corporation – Respondent


JUDGMENT

SWATANTER KUMAR, J.

In the present case, simple but questions of some importance arise for consideration. They are:-

1. Whether mis-joinder of cause of action or mis-joinder of parties can be a ground for rejection of a plaint within the contemplation of the provisions of Order VII Rule 11 of the CPC?

2. Whether there can be a partial rejection of a plaint under Order VII Rule 11?

2. It is an undisputed canon of codified civil jurisprudence that the legislative intent behind the provisions of Order VII Rule 11, is to bring the finality to a civil lis before the court at the very threshold, provided, the grounds stated therein for rejection of a plaint are satisfied. Rejection of plaint in contra-distinction to return of a plaint practically terminates the proceedings before the court of a competent jurisdiction. The orders of the court passed under these provisions have serious repercussions on the rights of the parties and as such they need to be construed strictly and would not normally admit a liberal or an enlarge construction which would bring within its ambit and scope of the provisions what is not specifically provided. Proviso to Rule 11 introduced by amending A

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