Back
NEERAJ TIWARI
Punjab National Bank – Appellant
Versus
Ikram Khan – Respondent
JUDGMENT :
(Neeraj Tiwari, J.)
1. Heard Sri Ashok Shankar Bhatnagar, learned counsel for the revisionist and Sri Tarun Agarwal, learned counsel for the opposite party No. 1.
2. Present revision has been filed with the following prayer:
3. Learned counsel for the revisionist submitted that opposite party No. 1-plaintiff has filed Original Suit No. 308 of 2023 and from the perusal of the aforesaid plaint, no cause of action is made out against revisionist-defendant No. 5 IInd set, therefore, revisionist-defendant has filed application under Order VII Rule 11(a) CPC to reject the plaint, which was dismissed vide impugned order dated 16.05.2024. He firmly submitted that once it is undisputed from
A plaint must be rejected as a whole if it does not disclose a cause of action against any defendant; it cannot be partially rejected.
(1) Rejection of plaint – No plaintiff can be permitted to seek relief in a suit which would frustrate defendants from initiating a prosecution against plaintiff or seeking any other remedy available....
The grounds for rejection of a plaint under Order VII Rule 11 of the CPC cannot be examined at the stage of defendant's evidence and go into the merits of the suit, which should be decided during the....
Timely applications for plaint rejection are essential; attempting to reject a plaint after evidence closure undermines the judicial process and is considered an abuse of court resources.
The proviso of Order 7, Rule 11 evidently covers the cases falling within the ambit of clauses (b) and (c) and has no application to a rejection of a plaint under Order 7 Rule 11(d).
The court emphasized the importance of scrutinizing the averments in the plaint to determine whether it discloses a cause of action and whether the suit is barred by limitation.
Civil Law – Decree - A decree is preliminary when further proceedings have to be taken before suit can be completely disposed of. It is final when such adjudication completely disposes of suit - It m....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
