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2023 Supreme(Online)(MAD) 4684

HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
Harnaraingoel – Appellant
Versus
M/s.New Fin Groups – Respondent


O R D E R

The Civil Revision Petition has been filed against the order dated

02.08.2022 made in I.A.No.3 of 2021 in O.S.No.4271 of 2020 on the file of the VI Additional City Civil Court, Chennai.

2. All Suits are to be decided on merits and in accordance with law.

Parties to the Suit are entitled to defend their respective cases based on documents and evidences on record.

3. Rejection of plaint under Order VII Rule 11 of the Civil Procedure Code is to be exercised sparingly and within the ambit of the Sub-Clauses under the Order VII Rule 11 of Civil Procedure Code. The Courts are expected to be cautious, while entertaining Interlocutory Applications filed under Order VII Rule 11, since it prevents the parties from adjudication of issues on merits and in accordance with law. Cause of action alone cannot be a criteria to take a decision and the plaint as a whole must be read to understand the cause of action aroused for institution of a Suit. Even if there is some error or omission in the cause of action, which is rectifiable and even in case, the plaint is rejected under Order VII Rule 11, the plaintiff is entitled to institute a fresh Suit under Order VII Rule XIII and therefore, the r

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