A plaint cannot be rejected for incorrectness in the cause of action or non-filing of documents at the inception of the case as long as it discloses a cause of action under CPC.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This Revision under Section 115 of the CPC, 1908 has been filed by the petitioners (defendants in the suit vide C.S. No.117 of 2024 pending in the Court of learned Senior Civil Judge, Commercial Court, Cuttack) against the Opp. Parties (plaintiffs in the suit vide C.S. No117 of 2024) challenging an order of rejection of their petition dated 15.07.2025 (Annexure-8) under Order 7, Rule 11 of the CPC, 1908 passed on dated 22.08.2025 in the suit vide C.S. No.117 of 2024 (Annexure-1) by the learned Senior Civil Judge, Commercial Court, Cuttack.

2. The factual backgrounds of this Revision, which promoted the petitioners (defendants) for filing of the same is that, the plaintiffs filed the suit vide C.S. No.117 of 2024 praying for recovery of Rs.49,38,738,03p/- from the defendants (petitioners in this revision) on the basis of an work order dated 26.10.2005 and agreement dated 30.11.2005 stating in detail about their case in the plaint. During the trial of the said suit vide C.S. No.117 of 2024 i.e. before closure of evidence from the side of the plaintiffs (Opp. Parties), the defendants (petitioners) filed a petition on dated 15.07.2025 under Order 7, Rule 11(a) and (d) of the CPC, 1908 praying for rejection of the plaint of that suit vide C.S. No.117 of 2024 on the ground of non-indicating the exact date relating to the accrual of cause of action for filing of the suit and making general and ambiguous expressions about its causes of actions and also alleging that, there is absence of foundational documents to base their claim against the defendants/petitioners.

To which, the plaintiffs (Opp. Parties) objected submitting their written objection vide Annexure-9 taking their stands that, they (plaintiffs) have specifically pleaded in Para No.33 of their plaint about the accrual of the causes of actions for filing of the suit indicating separate dates for each cause of action and their plaint is clearly and unambiguously disclosing the causes of actions for filing of the suit against the defendants on the basis of various letters issued by the plaintiffs to the defendants. For which, their plaint clearly and unambiguously is disclosing the causes of actions for filing of the suit against the defendants. That apart, Order 7, Rule 14 (3) of the CPC gives liberty to the plaintiffs for filing of the documents in support of their plaint even at the stage of hearing of the suit with the leave of the Court and non-filing of the documents with the plaint by them (plaintiffs) cannot be a ground/reason for rejection of their plaint, as the evidence from the side of the plaintiffs has not been closed. For which, the plaint of the plaintiffs cannot be rejected.

Therefore, the petition dated 15.07.2025 under Order 7, Rule 11 of the CPC, 1908 of the defendants is liable to be rejected.

3. After hearing from both the sides, the learned Trial Court rejected to the petition dated 15.07.2025 under Order 7, Rule 11 of the CPC, 1908 of the defendants on dated 22.08.2025 (Annexure-1) assigning the reasons that,

“as, the Para No.33 of the plaint of the plaintiffs is clearly disclosing the causes of actions for filing of the suit, for which, the non- filing of the document by the plaintiffs with the plaint cannot be a ground for rejection of the plaint.”

4. On being aggrieved with the above impugned order dated 22.08.2025 (Annexure-1) passed in C.S. No.117 of 2024 by the learned Sr. Civil Judge, Commercial Court, Cuttack rejecting the petition dated 15.07.2025 under Order 7, Rule 11 of the CPC of the defendants, they (defendants) challenged the same by filing this Revision being the petitioners against the plaintiffs arraying them (plaintiffs) as Opp. Parties.

5. I have already heard from t