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ANANDA CHANDRA BEHERA
Niharkanti Mishra – Appellant
Versus
Nihar Ranjan Patnaik – Respondent
JUDGMENT
Ananda Chandra Behera, J.—This revision under Section 115 of the C.P.C,1908 has been filed by petitioner (defendant No.3 in the suit vide C.S. No.169 of 2023 pending in the Court of learned Civil Judge, Sr. Division, Bhubaneswar) against the Opposite Parties Nos.1 and 2 (plaintiffs in that suit vide C.S. No.169 of 2023) arraying the defendant Nos.1, 2, 4, 5, 6 and 7 of that suit vide C.S. No.169 of 2023 as proforma Opposite Parties challenging an order of rejection of his petition dated 05.01.2024 under Order 7 Rule 11 of the C.P.C.,1908 passed on dated 13.03.2024 by the learned Civil Judge, Sr. Division, Bhubaneswar in C.S. No.169 of 2023.
2. The factual backgrounds of this revision, which prompted the petitioner (defendant No.3 in the suit vide C.S. No.169 of 2023) for filing of the same is that, the suit vide C.S. No.169 of 2023 was filed by the O.P. Nos.1 and 2 of this revision being the plaintiffs against the defendants including the petitioner in this revision praying for declaration of title, cancellation of sale deeds and for permanent injunction stating about the accrual of its cause of action in Para No.16 of their plaint.
3. In that suit vide C.S. No.169 of 2023
(1) Rejection of plaint – Whether a plaint discloses cause of action or not is essentially a question of fact – Whether, cause of action does or does not exist in plaint of plaintiffs must be found f....
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.
The court reiterated that issues of locus standi and cause of action must be determined at trial, and the plaint's allegations are presumed true for rejection petitions under Order 7, Rule 11.
The rejection of a plaint under Order 7, Rule 11 must consider substantive issues and cannot be based solely on procedural grounds if differing issues are raised in subsequent petitions.
The rejection of a plaint under Order VII Rule 11 must be supported by clear reasoning, and failure to provide such reasoning renders the order unsustainable.
The importance of looking into the averments in the plaint for adjudicating upon the application under Order VII Rule 11 and the supervisory power conferred by Section 115 of the CPC.
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.
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