2023 Supreme(Mad) 6

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, J.
V.Poornima - Appellant
Versus
D.Kannadasan - Respondent
CRP No.3992 of 2022
Decided on : 03-01-2023

The cause of action paragraph set out in the plaint must be considered along with the other averments stated in the plaint as a whole for rejection of the plaint under Order VII, Rule 11 CPC.

Headnote:

Order : Plaint Rejection - Civil Revision Petition - The court upheld the Trial Court's decision to reject the Interlocutory Application for rejection of plaint under Order VII, Rule 11 CPC, stating that the cause of action paragraph set out in the plaint must be considered along with the other averments stated in the plaint as a whole.

Fact of the Case:

The defendants filed an Interlocutory Application for rejection of plaint in a suit filed by the respondent for permanent injunction, arguing that the cause of action was not properly set out in the plaint.

Finding of the Court:

The Court found that the Trial Court had considered the plaint as a whole and concluded that the ground raised for rejection of plaint deserved no merit consideration, as the description of the property and other details for seeking the relief of injunction had been elaborately set out in the plaint.

Issues: The main issue was whether the cause of action was properly set out in the plaint, and whether such triable issues could be a ground for rejection of plaint under Order VII, Rule 11 CPC.

Ratio Decidendi: The Court held that for rejection of the plaint under Order VII, Rule 11 CPC, the plaint as a whole must be considered, and the cause of action paragraph set out in the plaint must be considered along with the other averments stated in the plaint as a whole.

Final Decision: The Civil Revision Petition was dismissed, upholding the Trial Court's decision, with no order as to costs.