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P. NAVEEN RAO, NAGESH BHEEMAPAKA
Hyderabad Pollution Controls Ltd. – Appellant
Versus
S. Radhakrishnan s/o. late Shankaran Nair – Respondent
JUDGMENT :
P.Naveen Rao, J.
1. Heard learned counsel Sri K.Rajendran for the appellants and the learned counsel Sri Chandrasen Reddy for respondent No.1.
2. Plaintiffs in O.S.No.605 of 2014 on the file of II Additional District Judge, Ranga Reddy District are appellants. Parties are referred to as arrayed in the suit.
3. First plaintiff is a Company registered under the Companies Act, 1956 and second plaintiff is the Managing Director of the first plaintiff-company. The first defendant was Ex-Director of first plaintiff-company. Second defendant is brother-in-law of 1st defendant. Third defendant was Ex-Director of 1st plaintiff. Defendants 3 to 7 were shareholders of 1st plaintiff-company. In the suit, plaintiffs sought the following prayers:
That interest at the rate of 18 per cent per annum calculated from the date of filing the suit, pendente-lite till realization be decreed on the said amount;
Grant perpetual injunction restraining
Point of Law : These infirmities go to root of the matter and the decision of trial Court rejecting the plaint insofar as defendants 1, 3 to 7 are concerned is not sustainable
A plaint cannot be rejected under Order VII Rule 11 CPC based on alleged contradictions in the claims; it must be assessed as a whole to determine if it discloses a cause of action.
Applications for rejection of plaint under Order VII Rule 11 CPC can be filed at any stage, but should not be entertained at advanced stages of trial to prevent frivolous litigation.
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.
Rejection of plaint – Plaint cannot be rejected in part.
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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