D.Y. Chandrachud, J.—Admit. Learned counsel for the Respondents waives service. The appeal is taken up for hearing and final disposal, by consent and on the request of the learned counsel.

2. The appeal arises from a judgment of a learned Single Judge by which the plaint has been rejected under Order VII Rule 11 (a) of the Code of Civil Procedure, 1906.

ORDER VII RULE 11, CPC :

3. Order VII Rule 11 (a) provides that the plaint shall be returned where it does not disclose a cause of action. While determining as to whether a case has been made out within the meaning of Order VII Rule 11(a), the plaint has to be considered as a whole for the purpose of determining as to whether a cause of action has been made out. The cause of action constitutes a bundle of facts which the plaintiff must prove in order, to obtain relief. When the Court exercises the power under Order VII Rule 11 (a), the defence to the suit is not material and it is only on the basis of the averments contained in the plaint, as they stand, without adding anything or detracting from those averments, that the Court must determine as to whether a cause of action has been made out. The sufficiency of evidence is,