The judgment emphasizes that a suit can only be rejected under Order VII Rule 11 if it meets specific criteria and that arguable points requiring deeper deliberation and scrutiny cannot be rejected under this rule.

1. Aggrieved over the fair and final order passed in I.A.No.14567 of 2014 in O.S.No.3516 of 2014 on the file of the learned XVI Assistant Judge, City Civil Court, Chennai, the first defendant has filed the above civil revision petition.

2. The plaintiffs filed a suit in O.S.No.3516 of 2014 on representative capacity, seeking for the reliefs of declaration, injunction and other reliefs. However, the learned counsel appearing for the respondents 1 and 2/plalintiffs submitted that the plaintiffs have restricted their prayer only in respect of the prayer mentioned in paragraph No.36(a) of the plaint and have given up the reliefs sought for in paragraph Nos.36(b)(c) and (d) of the plaint.

3. The case of the plaintiffs was that the revision petitioner/first defendant, which is administered by the Governing body, consisting of 24 members, had decided to demolish the lands, available in the suit property, and put up a new building with malafide intention and without any authority on their part. According to the respondents 1 and 2/ plaintiffs, the buildings, sought to be demolished are in good condition and therefore, the same should not be demolished.

4. The first respondent is a member of the governing body, who was also present in the governing body meeting, held on 26.4.2014. In the said Meeting, a decision was taken with regard to demolition and re-construction of the building, however, the first respondent/1st plaintiff objected to the said proposal and the same was also mentioned in the Agenda dated 26.4.2014.

5. The second respondent/second plaintiff is a life time member of the Association. The main grievance of the respondents 1 and 2/plaintiffs is that the building should not be demolished, when they are in good condition.

6. The learned counsel for the petitioner/first defendant submitted that since the first repsondent/1st plaintiff was a member of the governing body, who was also present in the meeting held on 26.4.2014, he cannot now oppose the Resolution passed on that day for demolition and re-construction of the building. However, the learned counsel for the revision petitioner submitted that since the revision petitioner, being an Association, the decision taken by the Association cannot be questioned by the members of the Association before a Civil Court.

7. The suit was filed on 24.6.2014 and the defendants 1 to 6 have filed their written statement on 22.9.2014. The revision petitioiner/1st defendant has filed an application in I.A.No.14567 of 2014 under Order VII Rule 11 of Civil Procedure Code to reject the plaint. The said application was hardly contested by the respondents 1 and 2 and the plaintiffs. The trial court took into consideration of both the parties and dismissed the application finding that the first defendant has not made out a case under Order VII Rule 11 of Civil Procedure Code to reject the plaint.

8. For rejecting the plaint under Order VII Rule 11 of Civil Procedure Code, the requirements of Order VII Rule 11 of Civil Procedure Code have to be strictly followed. In the affidavit, filed in support of the petition, though the revision petitioner/1st defendant had disputed the averments stated in the plaint and also contended that the case putforth by the plaintiffs is a false one, but has not made any ground to reject the plaint under Order VII Rule 11 of Civil Procedure Code. Whether the building requires demolition or reconstruction can be decided only after completion of the trial.

9. A suit can be rejected, if the plaint does not disclose a cause of action; if the relief claimed is under valued and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, failed to do so and the court is properly valued, but the plaint is written upon paper insufficiently stamped and the plaintiff, on being, requires by the court to supply the requisite stamp paper within a time to be fixed by the court, fails to do so and if the suit is barred by any law