The plaint alone is to be read for an order under Order 7 Rule 11, CPC and non-disclosure of cause of action is certainly a point different from non-maintainability of a suit.

( 1 ) THIS appeal was preferred along with an application for condonation of delay. The parties were heard. The delay was for about nine days as it was in time up to 3-1-1994 and the appeal was presented on 12-1-1994. In view of this insignificant delay, the prayer under S. 5 of the Limitation Act stands allowed. The appeal was also heard on merits including a preliminary objection on behalf of the learned counsel for the respondents.

( 2 ) THE appeal is directed against the first appellate judgment and decree dated 23-9-1993 recorded by the District Judge, Gorakhpur in Civil Appeal No. 49 of 1993, which was preferred by the present appellant. The aforesaid civil appeal was dismissed and the decree of rejection of the plaint by the Court below was upheld.

( 3 ) IT appears that the present appellant filed suit No. 318 of 1993 before the civil Judge, Gorakhpur, for a declaration and injunction against the present respondents Nos. 1 to 6 in respect of a particular piece of land. It was prayed therein that a declaration be made that the compromise decree in suit No. 455 of 1993 was void and was not binding on the plaintiff. There was further prayer for injunction so that the execution of the said compromise decree be stayed. The learned Court below took up the prayer for injunction on 1-9-1993 and had considered the objections raised by the defendants in the suit and after a thorough discussion of the cases of the parties, including a defence of the defendants concerning the rent notes, came to the conclusion that the consideration of the documents indicated no prima facie case in favour of the plaintiff. He was further of the view that the suit was of such nature which, from a reading of the plaint, indicated that it was filed mala fide with a view to harass the other party. He relied on a decision of the Supreme Court as reported in 1978 ACJ 22 to hold that the dictum applied fully to the facts of the case. The dictum of the Supreme Court, as quoted by the Trial Judge, was as follows :"if on a meaningful reading of the plaint it appears manifestly fictitious and meritless in the sence of not disclosing a clear right to sue, Courts should exercise powers under Order 7 Rule 11, CPC. If the litigation is inspired by vexatious motive, it should remember the provision of S. 35-A, CPC. "the court below not only dismissed the prayer for injunction but also rejected the plaint underorder 7, Rule 11, CPC.

( 4 ) WHEN the matter was taken up in appeal before the District Judge, he too found that the trial Court had heard the parties, perused the affidavit and documentary evidence filed by the parties in respect of their respective claims and then had arrived at the conclusion that the plaint was filed by the plaintiff for vexatious motive and was altogether meaningless. The appellate Court also went on to find if the plaintiff-appellant had any right on the land in dispute and he decided that the entry in clause 8 of the Revenue records was fake and fictitious and without any title. The Appellate Court also recorded an order against the claim of the plaintiff-appellant on the basis of adverse possession and found that the plaintiff-appellant had no right title over the land in dispute and so no valuable right of him had been jeopardised by the decree in the suit under challenge. The Appellate Court then confirmed the rejection of the plaint under Order 7, Rule 11, CPC.

( 5 ) THE power under Order 7, Rule 11 speaks of rejection of plaint under four circumstances, the first one being non-disclosure of cause of action, and the last one is on a bar of suit under any provision of law. The other two grounds on which a plaint could be rejected relate to valuation and non-payment of Court fees, which are not matters concerned with the present case. For an order under Order 7, Rule 11, CPC it is the plaint and the plaint alone which is to be considered and if the plaint made out a case indicating a cause of action then the falsity