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2007 Supreme(J&K) 171

IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Mansoor Ahmad Mir, J.
Gh. Rasool Parray & Ors. - Appellant
Versus
Suhail Wahid Malik - Respondent
Civil Revision No. 50/2007
Decided On : 05 September, 2007

Advocates Appeared:
Advocate For Appellant: Altaf Haqani
Advocate For Respondent: Javaid Iqbal

Headnote:Code of Civil Procedure-Order 7 Rule 11-Rejection of Plaint on Non-Disclosure of Cause of Action-Whether plaint discloses cause of action is to be seen, ascertained and notices while keeping in view the averments, made in plaint-The averments contained in the written statement cannot be a ground for rejecting a plaint in terms of order 7 Rule 11 CPC-Even if a Judge is of the opinion that the plaintiff may not succeed on the averments made in the plaint, but that cannot be a ground to reject the plaint.

1. This revision is directed against the order dated 28-2-2007 passed by Sub-Judge, Budgam, in a suit titled Suhail Wahid Malik Vs. Ghulam Rasool Parray & others, dismissing the application of the defendants -- petitioners filed under Order 7 Rule 11 CPC.

2. In order to appreciate the controversy involved in the case, it is profitable to notice the brief facts of the case. Respondent -- plaintiff filed a suit for perpetual injunction in the court of District Judge, Budgam, which came to be transferred to Sub-Judge, Budgam. Defendants -- petitioners appeared and filed their written statement on 3-11-2006. During the pendency of the suit, defendants moved an application in terms of Order 7 Rule 11 CPC for rejection of the plaint on the ground that defendants have leased out the suit property to the plaintiff -- respondent in terms of rent agreement dated 20-3-2004 for running his business under the name and style of "M/S Global Processing Solution, Parraypora", but the plaintiff subsequently changed his line of business and set up two educational institutes in the suit premises, one under the name and style of "Cambridge Child Development Centre" and the other "Informatics Computer Institute", thereby they violated the terms and conditions of the rent agreement. The plaintiff has no cause of action to seek restraint against the defendants -- owners from causing any interference.

3. The application came to be resisted by the plaintiff on the grounds taken in the objections filed thereto. After hearing the parties, the trial court dismissed the application vide the impugned order.

4. The sole question which calls for determination in this petition is as to what does cause of action means in terms of Section 20 of the Code read with Order 7 Rule 11 CPC. "Plaint" as well as "cause of action" are defined in the Code. Order 6 of the Code mandates as to what are the requirements of the plaint and Order 7 Rule 11 CPC mandates how plaint can be rejected. It is profitable to reproduce Order 7 Rule 11 CPC herein:

"Rejection of plaint. -- The plaint shall be rejected in the following cases:--

a) where it does not disclose a cause of action;

b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;

c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp paper within a time to be fixed by the Court, fails to do so;

d) where the suit appears from the statement in the plaint to be barred by any law:

Provided that time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-papers shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp papers, as the case may, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff."

5. One of the grounds contained in Order 7 Rule 11 CPC is that plaint can be rejected for non-disclosure of the cause of action. In the instant case, plaintiff has specifically pleaded in the plaint how cause of action has accrued to him and what are the basis for filing the suit.

6. Cause of action means a bundle of facts which give rise to an action. It is for the plaintiff to plead in the plaint how an action of the defendant is against his rights and how it infringes his rights. The plaintiff has to prove these facts in order to enable him to obtain a decree. If he fails to prove the said facts, the suit is liable to be dismissed. The apex court in case ABC Laminart Pvt. Ltd. Vs. A.P. Agencies, Salem, (1989) 2 SCC 163, has defined what cause of action means. It is profitable to reproduce para 12 of the said judgement hereunder:

"......A cause of







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