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2024 Supreme(Gau) 233

DEVASHIS BARUAH
Satya Ram Baruah S/o Late Suryakanta Baruah – Appellant
Versus
Pranjal Baruah S/o Late Kabindra Baruah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M. Das.
For the Respondent: S.K. Deka.

JUDGMENT :

DEVASHIS BARUAH, J.

1. This appeal is taken up for disposal at the admission stage taking into account that the plaint of the suit was rejected. No doubt, there are various parties in the instant appeal, but as the plaint was rejected at the behest of the defendant Nos. 1 and 2 who are the respondent Nos. 1 and 2 herein and the said respondent Nos. 1 and 2 are duly represented by the learned senior counsel Mr. S. Sarma, this Court have taken up the instant appeal for disposal at this stage.

2. This appeal has been filed against the order dated 20.11.2023 passed in Misc. (J) Case No. 536/2023 in Title Suit No. 211/2023, whereby the plaint in the said suit was rejected. Taking into account that rejection of the plaint amounts to a decree, the present regular first appeal has been preferred.

3. It is a trite principle of law that while adjudicating an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, the Code), the Court is only required to look into the averments of the plaint and the documents relied thereupon. Order VII Rule II stipulates six conditions when a plaint can be rejected: (1) where the plaint does not disclose a cause of action;

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